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Reasons
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(영문) 서울남부지방법원 2015.12.10 2014가단222071
구상금
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1. The Defendants jointly share the Plaintiff KRW 76,734,60 and KRW 55,500,00 among them, from April 16, 2008, and from April 21, 234.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is Nonparty B and C concrete pumps (hereinafter “instant pumps”).

2) At the time of the occurrence of the following accidents, Defendant Han-si Construction Co., Ltd. (hereinafter referred to as “Defendant Han-si Construction”) performed by Defendant Han-si Construction Co., Ltd. (hereinafter referred to as “Defendant Han-si Construction”) as the head of the site office at the new construction site.

B. At around 13:40 on Dec. 5, 2007, Defendant Hanto Construction leased and used the pumps of this case from B (or E (or actual user) while carrying out a concrete removal work on the wall part of the wall part of the 1st basements underground at the construction site of the said new construction site. 2) The maximum length of the boom extension that can withstanding the maximum lower part of the boom for the pumps and boom (180km) is 4 meters, and the Defendants and F (the pumps driver) are obliged to link the Defendants with the rubber boom (7.2 meters). During that process, the pressure fin, which connects the booms with Section 1 and Section 2, went beyond the boom 4 while working under Nonparty G and H under the boom.

(3) On December 15, 2007, G died on or around 14:57 on December 5, 2007, and H suffered bodily injury, such as franchising in the upper franchisium, which requires treatment for about 10 weeks. C. The Plaintiff paid KRW 185,00,000 to G’s bereaved family members by April 15, 2008, and KRW 70,782,000,00 to G’s family members by November 28, 2008. The Plaintiff did not have any dispute over the grounds for recognition, each of the entry in the evidence No. A5-10, and the purport of the entire pleadings.

2. Determination

A. The Defendants establishing joint tort and the holders (or drivers) of the pumps of this case must observe the safety rules and maximum limits on the structure and use of the pumps of this case in order to prevent risks, such as destruction of pumps and boom booms.

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