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1. Defendant C’s KRW 21,713,473 as well as 5% per annum from March 25, 2018 to April 17, 2019, and the following:
Reasons
1. Basic facts
A. On March 2018, Defendant C entered into a contract with Defendant B for the construction of reinforced soil on the petition-gu, Cheongju-si (hereinafter “instant construction”) (hereinafter “instant construction”).
B. Defendant C entered into a contract with E Co., Ltd. to receive materials necessary for reinforced soil works, and the above E began to supply light-to-land block using a truck from March 17, 2018 to the instant construction site.
C. On March 25, 2018, around 07:50, the Plaintiff: (a) operated the instant vehicle according to the Chungcheongbuk-gu G Road in order to load the F Freight Vehicles (hereinafter “instant vehicle”); and (b) operated the instant vehicle on the instant construction site, there was an accident where the instant vehicle is transferred to the left side of the said road (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s assertion that Defendant B employed Defendant C for the instant construction, and constructed a road that can enter the site of the instant construction without permission. The Defendants neglected to perform their duty of care to ensure the safe operation of the instant vehicle, but caused the instant accident. As such, the Defendants jointly and severally liable to pay to the Plaintiff the repair cost of the instant vehicle, KRW 29,590,676, and KRW 3,000,000, including solatium and KRW 32,590,676, and delay damages.
3. The contractor is not liable to compensate for the damages inflicted on the third party regarding the Plaintiff’s assertion on the Defendant B.
However, this provision shall not apply where there is gross negligence on the contractor's part of the contract or instruction.
(Article 757 of the Civil Act). In such a contract, the contractor shall be responsible for the work unless he is grossly negligent with respect to the contract or instruction.