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(영문) 창원지방법원 2014.08.22 2012가단9921
채무부존재확인
Text

1. On April 13, 2012, 14:10, the operation of D Trucks is underway at the Douncheon Parking Lot in front of Jin-gu, Changwon-si, Jin-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The facts of recognition, around 14:10 on April 13, 2012, E, when the end of the steel structure during the loading and unloading work of the steel structure for election oil set up in the D truck, which had been subscribed to the Plaintiff’s comprehensive automobile insurance in front of Jin-si, Jin-si, Jin-si, Jin-si, and where the end of the steel structure, which was set up in the D truck, comes into contact with the ground, should be directly promoted so that the said truck does not go beyond the steel structure in the future at a speed of about 10km at a speed of about 10km, but the Defendants, who had been under the loading and unloading work of the steel structure, exceeded the left side of the steel structure, caused injury, such as Defendant A, E, E, the discharge frame, etc. No. 3, and Defendant B, the left-hand representative

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Eul evidence Nos. 3-1 through 6-2, Eul evidence No. 12-1 through 3, and the purport of the whole pleadings / [Evidence Evidence] Gap evidence No. 1-2, witness E's testimony

B. According to the above recognition of liability, the Plaintiff is liable to compensate the Defendants for damages arising from the operation of the above truck due to the injury of E.

C. However, according to the evidence as seen earlier, since the steel structure during the loading and unloading of the steel structure as above is likely to go side, the Defendants also have to take a more safe working method, such as moving the said cargo vehicle to a safe place during the loading and unloading process, etc., or to take into account the movement of the steel structure during the operation of the said cargo vehicle, thereby not being able to undergo safety accidents on their own, but did so. Since such errors contributed to the occurrence and expansion of damages, the Plaintiff’s liability is limited to 70% by taking account of the fault ratio of the Defendants into account 30%.

2. Except as otherwise stated below within the scope of the liability for damages, it is stated in the attached Form 34 calculation table.

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