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(영문) 대전지방법원 2018.02.08 2017가단121
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. After completing the farming work, the Plaintiff asserted that the Defendants entered a river in the construction for the purpose of washing the compact bat, and the entire compact bat was flooded.

The Defendants did not take safety measures for the construction site, such as dispatching safety managers, installing guide signs for construction, installing signs for the division of dangerous areas, and installing signs for access control at the construction site despite the depth of rivers has been deepened due to the creation and dredging of heavy equipment construction for the purpose of securing space for the construction site.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 76,99,400 in total of KRW 54,919,400 and KRW 22,080 in total due to the damage of equipment.

2. Determination

A. Facts of recognition 1) Defendant Korea Water Resources Corporation (hereinafter “instant Corporation”)

Defendant C (hereinafter referred to as “Defendant C”) is the place of order.

(2) At around November 15:40, 2016, the Plaintiff entered a river for the purpose of washing the compact, through access roads 32 meters away from the entrance to the site of the instant construction site, and then moved to the work section of Defendant C, and the compacter was flooded.

(C) At the time of the accident, construction guidance signs, access signs, and safety risks have been installed at the entrance of the construction site at the time of the accident, and entry of the entrance of the Plaintiff into the river did not have access signs, etc. at the entrance of the entrance into the river, where the Plaintiff operated the compact and entered the river.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including paper numbers) and others.

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