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(영문) 광주지방법원 2018.01.19 2017가단2590
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 74,00,000 and Defendant C Co., Ltd. with respect thereto from February 10, 2017.

Reasons

1. Basic facts

A. On March 22, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted for construction works in a DNA computer room. On March 25, 2016, Defendant C Co., Ltd. (hereinafter “Defendant C”) subcontracted the removal of the said construction works (hereinafter “instant construction works”).

B. On March 7, 2016, Defendant C leased E (hereinafter “instant accusation work vehicle”) from the Plaintiff who runs the business of leasing vehicles in the accusation work, and the operation of the instant accusation work vehicle was decided by F, an employee of the Plaintiff.

C. On March 27, 2016, G, an employee of Defendant C, loaded waste concrete removed from the 7th floor of the instant complaint work vehicle located in the accusation work unit of the instant building operated by F to carry out the removal work of the 7th floor of H building, and died of a diver cutting, double booming, booming, etc., while the decline connecting the complaint work unit with the boom booming booming, which was cut down on the floor below approximately 29 meters.

(hereinafter “instant accident”). D.

The maximum amount of the complaint work unit of the instant complaint work unit is 300 km, and the weight of waste concrete loaded in the complaint work unit was about 2,380 km at the time of the instant accident.

E. On April 22, 2016, after the instant accident occurred, an agreement was concluded between the Plaintiff and the Defendants on the following terms (hereinafter “instant agreement”).

(1)A trade union (referring to the I union) shall cooperate in the investigation of defects in equipment by the prosecution.

(2) Where it is found that no equipment defect has been found as a result of investigation with a country, the company shall compensate for the total amount of the relevant equipment.

(3) The repair of equipment shall, in principle, be restored to its original state, but the selection of the equipment company shall be the enterprise which has presented the reasonable price by requesting an estimate, respectively.

2. The company which compensates for business losses shall make the business losses during the equipment repair period.

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