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(영문) 부산지방법원 2017.08.25 2016가단322823
손해배상(기)
Text

Defendant A’s KRW 11,859,750 for the Plaintiff and its related KRW 5% per annum from April 28, 2016 to August 25, 2017.

Reasons

Facts of recognition

On November 24, 2015, the Plaintiff requested the Defendant A (hereinafter simply referred to as the “Defendant”) to perform concrete pumps work at the construction site by telephone when he was subcontracted to the Busan Jin-gu Busan Construction Corporation (hereinafter referred to as the “instant construction”).

On November 24, 2015, the Defendant: (a) arrived at the instant construction site and had D concrete pumps (hereinafter “instant pumps”); (b) had been engaged in concrete pumps work at the construction site at the end of boom booms of D concrete pumps (hereinafter “instant pumps”); and (c) had been engaged in concrete pumps work from around 09:00 on November 24, 2015, the Defendant left the instant self-conception and became protruding around D concrete pumps at the construction site.

(hereinafter referred to as “the primary accident”). Afterwards, pipes installed at the construction site instead of the instant self-defense, they connected to the pipes and carried out concrete pumps in a quantity of five ready-mixed vehicles, and thereafter, at least 1:00 hours after ready-mixed vehicles arrive at around 11:0 and resumed concrete pumps work.

However, around 11:20, the grains connecting the water pipes of the pumps of this case were omitted by pressure, and concrete became protruding around them.

The term "the second accident" is referred to as "the second accident" and "the first accident" is referred to as "the second accident."

In the construction site of this case, at the Plaintiff’s request, four human beings were in charge of concrete dismantling work according to the direction of the field manager. The Defendant carried out concrete pumps work from the rooftop of the construction site of this case where a concrete building site is located.

The Plaintiff paid a total of KRW 19,150,000 as stated in the attached Form, as damages for neighboring buildings and vehicles damaged by the instant accident, and KRW 23,719,500,000, such as paying KRW 4,569,50, which is the insurer of the vehicle, to the Mzz Marine Insurance Co., Ltd.

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