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(영문) 울산지방법원 2018.03.09 2016가단67990
손해배상(산)
Text

1. The Defendants jointly share KRW 40,517,489 with respect to the Plaintiff and KRW 5% per annum from July 1, 2016 to March 9, 2018.

Reasons

1. Occurrence of and limitation on liability for damages;

A. Facts of recognition 1) The Plaintiff is a participant driving a cargo vehicle, and the Defendant C Co., Ltd. (hereinafter “Defendant Company”).

(2) On July 1, 2016, the Plaintiff was entrusted with the carriage of goods from Co., Ltd., and supplied goods to the Defendant Company’s business place located in Jinju City, and Defendant B was engaged in the manufacture of automobile parts and wholesale and retail business, and Defendant B was engaged in the work of loading empty boats on the Plaintiff’s freight lanes.

However, during the work process, Defendant B, who had been moving forward from the rear behind his operation, was found to be late and stopped immediately, and during the process, there was an accident where the Plaintiff was faced with the Plaintiff’s bridge far from the empty lekek. (hereinafter “instant accident”).

3) In the instant accident, the Plaintiff suffered injury, such as diversing booms, boness, boness, etc. (based on recognition), without dispute (based on recognition), Gap evidence Nos. 1 through 3 (Evidence Nos. 1) and the result of Defendant B’s partial personal examination, the purport of the entire pleadings.

B. Defendant B, who operates a vehicle loaded with a liability for damages, shall secure a view so that people can enter the workplace within the scope of work and perform the duty of care, such as fixing or adjusting the angle of the vehicle loaded with the duty of care to avoid using or falling off the goods loaded with the duty of care, but by negligence not fulfilling such duty of care, Defendant B, despite having a duty of care to take safety measures in the workplace by placing safety personnel to prevent the entry into the workplace for the purpose of preventing accidents, is negligent in failing to perform such duty of care.

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