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(영문) 수원지방법원 평택지원 2021.02.17 2019가단64745
손해배상(산)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as an employee in charge of delivery, etc. in Defendant B Co., Ltd. (hereinafter “Defendant Agricultural Co., Ltd.”), was faced by Defendant G Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “the instant accident”) in the foreage of Defendant G Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “instant accident”) at Pyeongtaek-si’s factory (hereinafter “Defendant Co., Ltd”).

B. On April 19, 2018, the Plaintiff attempted to get off the instant vehicle in which the goods were transported in around 18:10 on April 19, 2018. However, the Plaintiff sought assistance from Defendant D, who is an employee of the Defendant Company, in vain as the front wheels of the instant vehicle in the instant plant was cut down between Dok and the vehicle tower. Defendant D had another in the instant plant, connected the instant vessel with the instant vessel in line with the instant vessel, and began to take off the instant vehicle in the manner of backing the Defendant D while on board the Plaintiff and Defendant D.

(c)

In this regard, in the course of Defendant D’s moving back of the instant car in order to cut off the instant car, the instant accident occurred due to the instant car in which the Plaintiff continued to move at the instant car while the instant car was in a state where the instant car was completely discontinued.

【Fact-finding without a dispute over recognition, Gap evidence 4, Eul evidence 1 and Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether liability for damages arises;

A. Since the Plaintiff, as the Plaintiff’s employer, was aware of the Plaintiff’s operation of loading and unloading from the instant plant, the Plaintiff is obligated to take necessary measures, such as improving the physical environment so that the Plaintiff does not harm the life, body, and health of the Plaintiff in the course of using the foreage. As such, the Defendant Agricultural Company is obligated to take necessary measures.

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