(영문) 대구지방법원안동지원 2020.08.18 2019가단999

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원안동지원 2020.08.18 2019가단999

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that runs the construction business, and the defendant is an employee of the plaintiff.

B. At around 14:30 on December 21, 2018, the Defendant, at the Plaintiff’s place of business located in Ansan-si, operated a Drobeer, a construction machinery owned by the Plaintiff (hereinafter “instant loger”), and carried out aggregate transport work, there was an accident that the said loger and the Defendant, together with the said loger and the Defendant, moved away from the back to the back of 5 meters (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 4 (including branch numbers if there are serial numbers; hereinafter the same shall apply), witness E and F testimony, and fact inquiry into the inside market of this court, the purport of the whole pleadings as a whole.

2. The parties' assertion

A. The Plaintiff Defendant: (a) transported and accumulated aggregate to the extent that the gradient would have serious gradient while transporting and piling aggregate to the instant log; and (b) thereby, in the process of cutting back the log, he operated hand to the left side; and (c) fell to the left side of the pents by making the Rovis the left side.

In addition, in order to prevent falling, the defendant was engaged in work without piling up the protective wall with a height of 1m aggregate on the front part of the pen.

Due to the negligence of the defendant, the log of this case, which is owned by the plaintiff, was destroyed, and the repair cost of KRW 60,678,00 was anticipated to occur to repair it.

At the time of the instant accident, since the value of the instant log was KRW 66,00,00,000, the Plaintiff sold the instant log to KRW 17,000,000, taking into account the value and annual awareness of the instant log, repair costs incurred during the period, etc.

Therefore, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 49,00,000,000, out of KRW 66,000,000, excluding KRW 17,000,000.

B. The Defendant’s instant accident is one of the parties while driving the instant log.

유사 판례

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