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(영문) 대구지방법원포항지원 2020.03.12 2019가단104929
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. In the absence of dispute, Plaintiff A, his father’s wife, had worked for the E Lestop (hereinafter “ Lestop”) located in D in the north-gu, Postop in the port run by the Defendant from January 3, 2019.

Plaintiff

A around 16:55 on May 13, 2019, around 16:55, an accident occurred, along with the sound of the granc to take the part of the granc to overcome the fire.

2. The plaintiffs asserted that: (a) around 15:00 on the day of the accident, the gas was leaked due to the Defendant’s failure to lock the gas valve; (b) the gas leakage detection device was not installed or operated; and (c) there was no error in providing safety education to the plaintiff; (b) the plaintiff was compensated for damages under Article 750 or 758(1) of the Civil Act; and (c) the plaintiff was hospitalized for the first time from May 13, 2019 to June 20, 2019 to KRW 22,725,896 for the first time treatment expenses of KRW 50,000 for the first time from May 13, 2019 to June 20, 2019 to KRW 3,768,7588 for the Plaintiff’s hospitalization period.

In addition, the interest delay damages for each of the above amounts are claimed.

3. Determination as to the defendant's liability for damages

A. 1) Whether the Defendant is liable for damage under Article 750 of the Civil Act (i) whether a gas valve was leaked due to the Defendant’s failure to diving the gas valve, there is no evidence to acknowledge that the gas valve was leaked from around 15:00 on the date of the accident.

The result of the party's personal examination of the plaintiff A, the only evidence related to this, is difficult to believe in light of the following circumstances according to Eul evidence Nos. 1-8114 (including paper numbers; hereinafter the same shall apply), witness F's testimony, the party's personal examination result against the defendant, and the purport of the whole pleadings:

(1) If gas was leaked for about two hours, the gas leakage alarm, time alarm, and gas reduction devices installed were operated as follows, and there was no such circumstance.

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