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(영문) 창원지방법원 2017.12.15 2013가단30373
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 28, 2011, Plaintiff A felled with the floor among those who were enrolled in the complaint work unit in order to carry out the safeguard repair work within the Defendant’s workplace.

(hereinafter “instant accident”). B.

Plaintiff

A was injured by the instant accident, i.e., the closed alley of the tent and the closed alley.

C. Plaintiff B is the denial of Plaintiff A, and Plaintiff C, D, and E are children of Plaintiff A.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 3 (including partial numbers), and the purport of the whole pleadings

2. Assertion and determination

A. The head of the public service division G and the head of the working group, who are the Defendant’s employees, instructed the Plaintiff to participate in the replacement work of the head of the household of the Plaintiff, and the head of the working group instructed the Plaintiff A to take part in the replacement work of the head of the household of the work site of the Plaintiff. At the time H and I first listed in the accusation work unit and directed H to enter the vehicle of the Plaintiff’s vehicle of the vehicle of the accusation work unit, around H’s direction, H et al., and H et al., instructed H to take part in the accusation work unit of the accusation work unit of the Plaintiff’s vehicle of the Plaintiff who did not have a driver’s license. The Plaintiff A fell from the accusation work unit of the vehicle of the Plaintiff to the lower one.

G and H neglected the duty to confirm whether the charges for filing a complaint have been safely supported by the vehicle for which they had to operate the vehicle. As such, the Defendant, as a user of G and H, is liable to compensate the Plaintiffs for the damages caused by the instant accident in accordance with Article 756 of the Civil Act.

B. A person who has had an employee engage in a certain affair using another person's judgment shall be liable for damages inflicted upon an employee to a third party regarding the performance of his/her affair.

(Article 756(1) main text of the Civil Act). The only evidence submitted by the Plaintiffs alone, as claimed by the Plaintiffs, orders H to enter G into the vehicle for accusation, and G to operate the vehicle for accusation, while entering the vehicle for accusation, the Plaintiff was absent from the vehicle for accusation.

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