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(영문) 인천지방법원 2019.02.01 2018가단219597
손해배상(기)
Text

1. The Defendant’s KRW 20,423,198 as well as the Plaintiff’s annual rate from February 15, 2016 to February 1, 2019, and the following.

Reasons

1. Basic facts

A. From July 2014, the Plaintiff was engaged in the business of transporting the Defendant Company’s products using the freight (C) owned by the Defendant Company.

나. 원고는 2016. 2. 15. 10:30경 피고 회사에서 호이스트 크레인을 이용하여 제품 하차 작업을 하던 중 리모컨을 손에 쥔 채로(또는 리모컨을 손목에 건 채로) 화물 자동차 적재함을 내려왔는데, 그 과정에 리모컨이 원고의 손 또는 팔에 눌려 호이스트가 작동되는 일이 발생하였다.

C. In order to avoid this, the Plaintiff fell into the truck loaded on the truck and thereby, the Plaintiff suffered a mincated minction of the right-hand e-mail, which ought to be treated for about 16 weeks.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence 1-1-2, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the following circumstances, the witness D and E’s testimony comprehensively takes into account the overall purport of the pleadings, the Defendant Company did not prevent the Plaintiff from working and working at the time of the instant accident. Rather, it seems that the Plaintiff implicitly allowed the Plaintiff to operate and work at the time of the instant accident.

In addition, since the accident of this case occurred due to these acts of the defendant company, the defendant company is obligated to compensate the plaintiff for the damages caused by the accident of this case.

(1) At the time of the instant case, the Defendant Company had a separate employee in charge of Hostst Co., Ltd.

In addition, the defendant company also asserts that the cargo trucking work was made by the employee in charge of the defendant company.

However, at the time of the instant accident, the employee in charge of the Defendant Company does not appear to have supervised or instructed the Plaintiff’s work.

Shed Defendant Company is the Plaintiff.

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