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(영문) 부산지방법원 2016.10.11 2015가단217955
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. On December 9, 2014, around 18:50 on December 9, 2014, the Plaintiff driven a scraper for container transport, and around 2A80 points in Busan, Gangseo-gu, Busan, Busan, Seo-gu, Busan, for the purpose of loading a container to the Plaintiff’s scraper.

B. Around that time, the Defendant Crecers B operated a crecer and loaded a container on the Plaintiff’s crecerler. During the work, the Defendant Crecer B, without properly separating the container above the crecer, was towing the container and the crecer together with the crecer.

C. The Plaintiff suffered injury, such as the table of the left-hand executive members, etc. at the left-hand side of the bitr vehicle driven by C, which was driven by C, who was driven by a container, etc., after being towed by the container, etc., (hereinafter “instant traffic accident”), rather than complying with the said loading work process on the side of the bitr.

The Plaintiff received hospitalized treatment from December 9, 2014 to April 15, 2015 due to the instant traffic accident, and thereafter received outpatient treatment. The Intervenor joining the Defendant, who is a mutual aid business entity of the Trler vehicle C, paid the total of KRW 16,432,390.

【Ground of recognition】 A without any dispute, entry of Gap’s 1 through 18, Eul’s 4 and 8, and the result of video reproduction, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The summary of the party's assertion asserts that the Plaintiff suffered the instant traffic accident that the Defendant, an employer of the said pilot, was liable to compensate for the Plaintiff's damages, on the ground that the Plaintiff attempted to avoid the instant accident caused by negligence, which did not properly verify whether the Defendant's Crain pilot violated the work rules during the container loading work and did not properly distinguish it from the ex-post raper.

As to this, the defendant is the plaintiff.

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