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(영문) 대전지방법원 논산지원 2017.01.12 2016가단878
손해배상(기)
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

(a) The parties and the designated parties B are parties B;

The driver of the cargo vehicle involved in the accident described in the port, the plaintiff's spouse B, the selected C, and D are their children.

The Defendant Company is a party who entered into a contract with the non-party ASEAN Corporation (hereinafter referred to as the "non-party company") to receive the source of the pelpel paper produced by the non-party company.

In order to supply the above raw materials to the defendant company, the non-party company entered into a contract of carriage with the Dok LSS Co., Ltd. (hereinafter referred to as the "CS"), and the CS entered into a transportation consignment contract with the Selection B, and let the Selection B transport the raw materials.

B. On March 15, 2013, the designated party B suffered damage to the ground-confluences by falling (hereinafter “instant accident”) while cutting off the cargo cover at the cargo loading and unloading atmosphere near the cargo loading and unloading zone of the Defendant Company, and then falling (hereinafter “instant accident”).

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is the Nonparty Company’s performance assistant or performance agent, who is the party to the contract for the supply of the aggregate sheet, who is a party to the contract for the supply of the aggregate sheet, and was in preparation for loading and unloading at the waiting place of the Defendant Company for the performance of the obligation. The Defendant was obligated to take preventive measures and safety measures as much as possible so that the performance assistant or performance agent of the other party’s obligation does not occur in the process of the receipt of the object under the contract, and accordingly, the appointed party B, etc.’s work agent, etc.’s duty to take preventive measures and safety measures so as not to cause safety accidents. Accordingly, in the event that the designated party B, etc.’s performance assistant or performance agent, etc.’s duty to take preventive measures

Therefore, the defendant suffered damages from the accident of this case to the plaintiff and the designated parties.

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