logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2015.04.08 2014가단201700
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the construction machinery B (25.5 tons dump truck) (hereinafter “instant truck”), and the Defendant Company is the contractor who subcontracted the construction work of the 9 Section Section 9 of the Kunju-Yung Construction Co., Ltd. (hereinafter “instant construction work”).

B. From November 10, 2013 to the 30th of the same month, the Plaintiff used the instant truck, thereby transporting and unloading rocks generated at the construction site of this case from around 8 km away from that place to the loading station located at the Jinwon, Jinwon-gun, Jinwon, Jinwon-gun, Jinwon-gun, Jinwon-gun, Jinwon-gun, Jindo-ri (hereinafter “instant loading and unloading station”).

C. However, around 08:00 on November 30, 2013, in the course of loading and unloading of the instant truck from the instant construction site using the instant truck at the loading and unloading site, the instant truck was transferred to the left-hand side.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap 2-4 evidence (including paper numbers), Eul 1, the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion (1) The loading and unloading site of this case is the place designated as the loading and unloading site of the Defendant Company, and is a construction site attached to the construction site of this case and a place where approximately 6-7 meters higher than that of the instant construction site, and there is a risk of breaking construction machinery

(2) Accordingly, the Defendant, as a company, has a duty to perform safety management, such as assigning safety personnel to the loading and unloading site of this case, ensuring that the ground is smooth and solid with construction machinery such as routers, etc. so that the ground is not cut off.

(3) However, the defendant company did not assign safety personnel to the loading and unloading site of this case at the time of the accident, and did not properly maintain the ground of the loading and unloading site of this case, and eventually, the plaintiff is the back wheels of the driver's seat of this case of this case in the course of loading and unloading using the truck of this case.

arrow