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(영문) 광주고등법원 2018.01.17 2016나14491
손해배상(기)
Text

1. Of the part against Defendant C in the judgment of the court of first instance, the part against the Plaintiff, which ordered payment below.

Reasons

1. Basic facts

A. 1) The Plaintiff is a F-factory operated by D located in Gwangju Mine-gu (hereinafter “instant factory”).

(2) Defendant C is a person operating a business under the trade name of “G” and Defendant B is an employee of the said G.

3) Co-defendants of the first instance trial and Co-defendants of the first instance trial (hereinafter referred to as “slot damage insurance”).

(B) The Defendant C is a company that entered into a business liability insurance contract (including special terms and conditions of construction machinery business operators) with the Defendant C. The occurrence of the instant accident is mainly the repair of presses put into storage under the repair contract entered into with another company, and the delivery of parts to the contractor after disassemblying and packing the parts so that the transportation can be carried out.

In order for workers to enter the frame machine installed at the factory and to conduct packing work, the distance of press machines drawn at narrow intervals should be expanded. Defendant B, as the driver of the vehicle for the use of the press machine, was put into a wide range of work using the press machine in the factory of this case on February 24, 2012 under a contract concluded between Defendant C and E (F).

2) For the purpose of convenient operation, the Plaintiff and Defendant B first decided to carry press strawing machine movement work to secure a space where the locking is to be placed under the press machine. Specifically, the Plaintiff and Defendant B decided to enter the press string machine with a vehicle for the Defendant B to carry the press string string string string string string string string string string string string string string string string string string string string string string string string string 2 string 2 string 2 string 50 cm with a narrow width of 45 cm at the time of movement.

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