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(영문) 부산지방법원 2014.05.30 2013가단213430
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2010, at around 09:48, an engineer A, the Defendant affiliated with the instant engine, driven the instant engine vehicle, and operated 4 lines in the direction of the new railway station in the south-gu Maambro Station, Nam-gu, Busan, in the direction of the new railway station in the Maambro Station, shocked into the front part of the engine’s post-expanion of the engine lid, which was opened next to the line for maintenance and repair of underground communications line. Accordingly, B suffered injury, such as an incomplete cut lid, etc., due to the shock of each bridge in the vicinity of the upper part.

(hereinafter “instant accident”). (b)

The Plaintiff paid KRW 100,000 insurance money to B as an insurance company that entered into an employee accident security liability insurance contract between Dong-dong Co., Ltd. and Dong-dong Co., Ltd.

[Ground of recognition] Class A and 2, Evidence A and 3-1 through 3, evidence A and 5, evidence A and 6-1, 2, evidence A-9-1 through 13, evidence A and 2-1 through 3, and the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The instant accident occurred due to shocking the front part of the instant vehicle, which led to shocking the front part of the instant vehicle in order to carry out underground telecommunications line maintenance and repair works. The instant accident was caused by shocking the front part of the front part of the instant vehicle.

(2) On the other hand, the instant accident occurred due to the front part of the instant vehicle, changing the height and location of the lid which is the front part of the instant vehicle, and changing the height and location of the lid which is the front part of the instant vehicle, and the said lid which is the front part of the vehicle.

(3) However, immediately before the instant accident occurred, the operator of the instant vehicle was shocked of the present vehicle and immediately stopped the present vehicle and did not take any measures despite having checked around it. The instant accident occurred due to shocking lids from the front and rear lids of the instant vehicle on the wind that proceeds without taking any measures.

(4) If so, the instant accident is caused by the engine driver, etc. when the engine temporarily stops.

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