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(영문) 대구지방법원김천지원 2014.04.09 2012가단3810
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, with the trade name of “B”, is the owner of registration number C (TM 1200 tons, size: 200 tons, annual formula: 195; hereinafter “instant aircraft”) who engages in the business of leasing construction machinery, such as machinery during the season (hereinafter “B”), and the Defendant is a company which was subcontracted the removal work of the above-ground factory buildings and equipment (hereinafter “instant removal work”).

B. On November 24, 201, the Plaintiff leased the instant weighter to the Defendant at KRW 3.5 million (hereinafter “instant lease agreement”) including D, which is a driver, and D used the instant weighter. The content of D’s work by using the instant weighter was that, among the instant factory buildings, the steel structure separated from one wall to 18 tons of the instant steel structure (hereinafter “the instant steel structure”) was cut back to the floor by 180∑ and revolving the steel structure (hereinafter “the instant steel structure”).

C. At around 10:10 on November 24, 201, D operated the instant weighter at the site of the removal construction project, and took the instant steel structure back to the left-hand side to move the steel structure to a place located adjacent to 180∑ 180. When D reached a point where approximately 105 to 110∑ 110∑ 10, there was an accident where the connections between the two parts and the three parts among the boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom boom 201 (hereinafter “instant accident”).

Around 16 meters of the Working Group at the time of the instant accident and approximately 54.5 meters of the length of boom boom boom boom boom boom boom boom boom booms at the time of the instant accident, in such a case, the adequate weight according to safety standards (85% of the maximum boom boom 2.4 tons of the total boom boom boom booms

[Reasons for Recognition] A. A. Articles 1 through 7, 11, 12, 13, 1 through 4, 1.

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