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(영문) 부산지방법원 2020.08.25 2019가단339945
구상금
Text

1. The Defendant’s KRW 12,947,798 out of KRW 13,747,050 and the said money to the Plaintiff from September 7, 2019 to August 25, 2020.

Reasons

1. Facts of recognition;

A. (1) D Co., Ltd. (hereinafter “D”) subcontracted the part of the civil engineering works and the part of the structural construction to F Co., Ltd. (hereinafter “F”) among the construction works of the construction of the apartment on the ground of Gangseo-gu Busan Metropolitan Government (hereinafter “instant construction”) to the Defendant, and ordered the Defendant to appoint a field manager who manages the said construction site and to assist the site manager.

(2) G leased H Kacricker (hereinafter “Plaintiff”) to the Defendant for a period of two months, and performed work by using the Plaintiff’s vehicle at the construction site of this case upon the Defendant’s instruction, and the Plaintiff is a mutual aid provider who entered into a mutual aid agreement with respect to the Plaintiff’s vehicle.

B. (1) On September 28, 2017, around 14:30, F is performing the system work using a lstn beam (hereinafter “the instant workshop”) owned by the I. The Defendant used the Plaintiff’s vehicle to conduct the lst beam beam.

(2) The J, a driver of the instant resort, was waiting for the completion of the H beam sn beam flow that G proceeded by using the Plaintiff’s vehicle, and was in the state of stopping the operation of the said sn beam.

G was engaged in the work according to the direction of K and L, while the boom boom of the Plaintiff’s vehicle was booming between the Plaintiff’s boom boom and the Plaintiff’s boom boom.

D The team leader M of the safety monitoring team at D discovered that the Plaintiff’s vehicle would conflict with the instant vehicle and suspended, and that the traffic signal N and K will stop to G. However, as above, G operated the Plaintiff’s boom boom between the Plaintiff’s ground poppy of the instant vehicle and the Plaintiff’s boom, it operated the Plaintiff’s vehicle’s boom boom at the lower level of the Plaintiff’s boom boom (hereinafter “the instant accident”), while the boom boom of the Plaintiff’s vehicle was cut between the Plaintiff’s vehicle’s boom poppy and the series of processes that the G operated the Plaintiff’s boom boom was added to the Plaintiff’s boom poppy (hereinafter “the instant accident”). Accordingly, this case’s accident occurred.

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