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(영문) 의정부지방법원 2017.03.08 2015가단101900
채무부존재확인
Text

1. As to the accident described in the separate sheet, the Plaintiff (Counterclaim Defendant);

A. Defendant (Counterclaim Plaintiff) A

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Establishment of liability for damages;

A. In fact, around 12:20 on January 16, 2015, Defendant B operated a DNA excavation machine (hereinafter “instant excavation machine”) at the construction site for the site for the development of a housing site for electric power resource in Gyeonggi-gun, Gyeonggi-do, and carried them onto the loading of the E dump truck driven driven by Defendant A (hereinafter “instant dump truck”).

At this time, the ground was turned down below the right side of the excavation machine, and the excavation machine was transferred to the right side of about 90∑.

For this reason, the boom boom of an excavated engine was shocked by falling off the boom of the above dump truck, and the bump boom was found to have been loaded up later due to the high location of the loading box.

(hereinafter referred to as “the primary accident.” Defendant B entrusted F with the work of putting up the said excavation machine to F. The F sing off the rock part of G 45t (hereinafter referred to as “the instant scke”) and cut off the said excavated machine at approximately 1.5 meters from the ground to the excavated machine at a level of approximately 1.5 meters from the ground. Accordingly, the instant excavation season was lowered, and the boom of the excavated machine was shocked to the loading of the said dump truck (hereinafter referred to as “the second accident” or “the instant dump truck”). After the first accident and the second accident, the instant dump truck caused damage to the vehicle as indicated below.

2. The panel 2 loaded on the top of the damage on the top of the table 1, where it is used to load 1 loaded on the right side, and the flabation of flab is carried on the upper part of the 3 frame in its remainder while carrying on the upper part of the 3 frame in its remainder, while loading on the upper part of the frame of the 3 frame in its remainder is divided into the excavation season, it is necessary to load the upper frame with the lower frame more than 4 fluids.

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