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(영문) 서울남부지방법원 2017.09.28 2016가합3165
구상금
Text

1. The Defendant’s KRW 82,290,000 as well as the Plaintiff’s annual rate from January 22, 2016 to September 28, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the Daummba in the Innju City, and the Defendant is a person who conducts the business of manufacturing livestock products with the trade name “E”.

B. Around November 2012, the Defendant installed a feed tank with which the Plaintiff can store 10 tons of feed at the Plaintiff’s salvium.

C. On July 13, 2015, around 18:09, at the Plaintiff’s 18:09, a place where one of the supporting parts of the feed tank structures installed by the Defendant was damaged by flooding, etc., due to the Plaintiff’s corrosion in the direction, and the feed tank was unable to move down and the balance was lost. At that time, Nonparty F, who supplied feed to the above feed tank, was killed on the above feed tank and structure where Nonparty F was previously supplied with the above feed tank and structure, due to the diversity damage and the tension of breast part of the chest.

(hereinafter “instant accident”). D.

The Plaintiff was convicted of the instant accident on the ground that the instant accident was caused by negligence in the course of business without conducting safety inspection on the above feed tank structure since November 201, notwithstanding the occupational duty to prevent the occurrence of the accident, such as the transfer of the feed tank, through safety inspection, maintenance, and repair of the feed tank structure on a regular basis.

(Yiju District Court 2015 Highest 1073). e.

The Plaintiff paid F’s bereaved family members KRW 150,00,000,000 on January 21, 2016, and KRW 124,300,000 on July 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 7, and 9 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the facts found as above, the instant accident occurred when the feed tank was transferred. The following circumstances, i.e., (i) the basis of the previous feed tank, which can be known in light of the description of evidence No. 5 and the purport of the entire pleadings, are concrete.

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