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(영문) 서울중앙지방법원 2017.09.20 2015가단5070337
손해배상(산)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On June 17, 2010, the Plaintiff had been engaged in the work to adjust the residuess of the trees cut down on the lower part of the site of the golf set of the Defendant Samsung T&T Co., Ltd. on the part of the Defendant Samsung T&T construction site. In the upper part, even though the head of the Dong T’s team cuts a tree of about 20 centimeters in diameter from the upper part, the Plaintiff was pushed down to the left part, but the above trees turned down to the right side of the Plaintiff’s right side due to the storm, and thus, the Plaintiff’s accident (hereinafter “instant accident”).

2) The Plaintiff suffered a climatic disorder, urology disorder, and climatic disorder due to the instant accident.

3 Although Defendant Samsung C&T Co., Ltd actually employed the Plaintiff or exercised specific direction and supervision over the Plaintiff, it neglected its duty to prevent accidents against the Plaintiff, which led to the occurrence of the instant accident.

Therefore, Defendant Samsung C&T corporation should compensate for the damages suffered by the Plaintiff.

Defendant B received punishment from Defendant Samsung C&T Co., Ltd., and employed the Plaintiff as a punishment tree, but neglected its duty of safety consideration to the Plaintiff, which led to the instant accident.

Therefore, Defendant B should compensate for the damages suffered by the Plaintiff.

Since the above defendants are in the position of joint tortfeasor with respect to the accident of this case, they are liable to compensate the plaintiff for damages.

B. The defendants' assertion not only did they bear such liability as above, but also asserted that the plaintiffs' damage liability has expired due to the expiration of the extinctive prescription even if liability is recognized.

2. We examine the defendants' defenses, the extinctive prescription of which has been completed prior to the judgment on the plaintiff's assertion concerning the grounds of the claim in this case.

A claim for damages against a tort shall be filed by the victim or the victim.

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