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(영문) 인천지방법원 2014.10.22 2014가단20522
손해배상(기)
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 20,604,503 as well as 5% per annum from March 15, 2013 to October 22, 2014.

Reasons

1. Occurrence of liability for damages;

A. 1) The parties’ relationship between the parties is a person who, at the request of D, transports the width processing machinery (hereinafter “instant machinery”) which is the manufacturing equipment that D intended to deliver to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to Defendant C (hereinafter “Defendant Co., Ltd.”).

Defendant B is a person in charge of the purchase and safety management of goods while working as a regular manager of the Defendant Company.

B) Around 17:00 on March 15, 2013, Defendant B had a duty of care to prevent an accident due to the decline of the machinery in front of that machinery, which was transported by the Plaintiff at the Defendant’s factory parking lot. Defendant B had a duty of care to control the number of workers near the mobile site and to prevent an accident due to the fall of the machinery from being transported by using a electric-type vehicle without any fixing device, such as the weighting of approximately 300 km at a height of 120 cm. Thus, Defendant B had a duty of care to prevent the occurrence of an accident due to the fall of the machinery by using a fixed device or a high level of safety. Nevertheless, Defendant B neglected to do so and did not take measures such as fixing electric-type B and the instant machinery or controlling persons adjacent to the mobile site, and the Plaintiff lost the Plaintiff’s right to use the machinery in front of the instant case by taking advantage of the aforementioned type of equipment, and caused the Plaintiff’s injury to the Plaintiff’s front engine.

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