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(영문) 대구고등법원 2015.11.25 2014나22148
손해배상(국)
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s position 1) Of the land that constitutes the river of the Nakdongdong River, which is a national river of the aged group, the instant aggregate extraction site (K District, L District, M District, N District, N District, O District, P District, Q District, and Q District; hereinafter “instant aggregate extraction site”).

Under Article 22 of the Aggregate Extraction Act and Article 33(1) of the River Act, the elderly group is a local government that has obtained permission to extract aggregate from the elderly head of the instant Gun with the consent of the Plaintiff (the Minister of Land, Transport and Maritime Affairs), and then has been engaged in collecting and selling aggregate. 2) Defendant A, C, D, E, and I are the police assigned for special guard employed in the instant aggregate extraction area and worked in the instant aggregate extraction area, and Defendant B, F, G, H, and J are the indefinite contract workers of the elderly group who work in the instant aggregate extraction area.

The Defendants, one registered security guard and two employees, one in an indefinite contract, and performed duties such as the guard of the aggregate extraction site in this case and the surveillance of the removal of aggregate from the aggregate without permission, without permission, carried out aggregate extracted by an aggregate extraction agent of old military forces.

B. On January 2006, the elderly group 1 was selected as an aggregate extraction agent around January 2, 2006 as the aggregate extraction agent. The elderly group directly sold aggregate extracted from the aggregate extraction site of this case to the aggregate users, but the actual activities of collecting and selecting aggregate and transporting aggregate on the aggregate buyer’s vehicle were made to the aggregate extraction agent, and the equipment use fee was paid according to the volume of the work.

The above aggregate extraction agent used equipment, such as dredging lines, etc. in the aggregate extraction site in this case, selected and selected aggregate from the elderly groups within the scope of permitted quantity, and stored it in a temporary open space. However, when the transport vehicle of the aggregate buyer arrives, the aggregate was left above the aggregate.

Aggregate sales proceeds shall be prohibited from the driver of the transport vehicle by the Defendants.

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