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(영문) 광주지방법원 2019.02.20 2018나51507
약정금
Text

1. Of the judgment of the court of first instance, the Defendants amounting to KRW 13,600,000 jointly and severally against the Plaintiff and Defendant C.

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 of the 7th floor of H building, on the grounds of a decline connecting the complaint work unit with the boom boom, falling into the floor below approximately 29 meters, and died due to a diver cutting off and double booming, etc.

(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 made by requesting an estimate, respectively.

Article 1 of the Agreement of this case is referred to as "the case."

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