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(영문) 전주지방법원군산지원 2017.09.28 2015가단57718
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. A. A summary of the cause of the Plaintiff’s claim 1) The Plaintiff was ordered by the Defendant to transport main water sand from C plant operated by the Defendant to Gunsan, and around 11:00 on April 8, 2013, the Plaintiff was set up the Plaintiff’s cargo vehicle in C warehouse, and the head of C’s staff D, who operated the ceiling c, puts sand into the floor for main water (hereinafter “ sand straw”).

2) At the time of loading of the cargo, D did not see the plaintiff who was on the loading of the cargo while moving the cargo onto the cargo on the floor of C warehouse by manipulating a tent and moving the cargo onto the cargo on the surface of C warehouse, and finally, D did not see the plaintiff who was on the loading of the cargo on the part of C warehouse and did not see the plaintiff who was on the loading of the cargo on the part of C warehouse and caused the plaintiff to fall into the concrete floor when the plaintiff was on the part of the sand gas, after being pushed off with the cargo on the part of the sand gas.

The plaintiff suffered from the above accident (hereinafter referred to as the "accident of this case") the 12th century 12th century and the 2nd century, and suffered from the disability equivalent to 15% of the loss of labor ability.

3. Since D, an employee of the Defendant, did not perform his duty of care to safely load sand in the vehicle by taking advantage of the surrounding areas of the sand straw, and caused the instant accident, D, an employee of D, is liable to compensate the Plaintiff for all damages incurred by D, as a user of D, in connection with the performance of his/her duties.

B. On April 8, 2013, there is no dispute between the parties that the Plaintiff fells in the course of carrying the freight requested by the Defendant at the Plaintiff-owned truck, but there is no evidence to prove the fact that the accident occurred while the Plaintiff was pushed down on the sand jun, which was operated by D, an employee of the Defendant.

Witness

D The plaintiff loses its own central center regardless of sand salkn's salkn's sand.

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