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(영문) 부산지방법원서부지원 2019.07.10 2018가단9638
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 3, 2018, the Plaintiff used C D D dump truck (hereinafter “instant dump truck”) and transported stone to the site of electric source housing development located D at Kimhae-si (hereinafter “instant construction site”), and the occurrence of an accident in which dump truck is transferred to the right side while he loaded a dump truck (hereinafter “instant accident”).

B. The Plaintiff suffered damage to the right shoulder section, which requires six weeks of treatment, due to the instant accident.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 3, 7, and 12, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's argument is that while the defendant was engaged in the work at the construction site of this case as an article of E Pocers (hereinafter "the instant Pocers"), the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident of this case since the accident of this case occurred because it is difficult to load a dump truck because it was extremely dangerous to the maximum slope angle of posing, while trying to load up the dump truck of this case by using the above Pocers to dump trucks.

B. According to the purport of the evidence evidence No. 6 and the argument of the court below, it is acknowledged that the defendant, who was engaged in the work at the construction site of this case as an article of the dump truck of this case when the plaintiff loaded the dump truck of this case, attempted to dump truck of this case to dump truck of this case with the above dump truck of this case by using the dump of the dump of this case. However, according to the following circumstances, the evidence submitted by the plaintiff alone is sufficient to load the dump truck of this case as the dump truck of this case.

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