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(영문) 대전지방법원홍성지원 2019.01.17 2017가합824
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 22,800,000, and shall pay the full payment from January 18, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the D P PPcar (hereinafter “instant PPcar”) and the person operating the instant PPcar. Nonparty E is the person employed to receive the Plaintiff’s punishment and driving the instant PPcar.

The defendant is a company that engages in the manufacture, processing, etc. of construction equipment and parts.

B. On October 2016, the pumps of this case were repaired by the Defendant from October 13, 2016 to November 17, 2016, 2000 won for repair costs of KRW 28 million (value-added tax separate) on the part of the booming part of the second part of the booming part of the boom (the part serving as a passage at the time of launching readys from the ground to the place of boarding, consisting of approximately 8-10 meters of length, and is produced so that they can work like a booming part of the booming part).

C. On January 14, 2017, the Plaintiff entered into a contract for the lease of pumps with Nonparty C Co., Ltd. (hereinafter “C”), and on January 14, 2017, the Plaintiff, upon receiving a contract for the construction of reinforced concrete from F Co., Ltd., ordered E to operate the pumps of this case and perform concrete construction work by driving them.

The accident occurred that, while the E boom booms attached at the end of boom booms (the booms shall be installed and released from the pumps manufacturers, and the booms shall also be used in connection with the booms when the booms alone do not contact with the place of concrete permanent installation) were cut, the boom boom booms, which had been repaired at around 13:0 on the same day, cut off the boom booms with the two parts of the boom boom booms which had been repaired at around 13:0 on the same day.

(hereinafter “instant accident”). D.

The Plaintiff and C set up a public room surrounding the responsibility for the damage of boom booms while leaving the pumps and booms of this case at the construction site, and C shall request H on February 1, 2017.

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