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(영문) 대구지방법원 2015.05.28 2013가합4306
손해배상(기)
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant Korea-Japan Co., Ltd. (hereinafter “Korea-Japan”) is a construction company that received a contract for construction work of 79 lines of State-funded local highway from Gyeongbuk-do, and Defendant Korea-Japan Construction Co., Ltd. (hereinafter “Seoul-do Construction”) is a company that received a subcontract for construction work of earth and structures (hereinafter “instant construction work”).

B. The Plaintiff is the owner of B 25.5 tons dump truck (hereinafter “dump truck of this case”), and is engaged in mid-term lease business by having the Plaintiff drive the instant dump truck directly or employ a driver.

C. On February 24, 2012, the Plaintiff entered into a construction machinery lease agreement on the instant dump truck with Defendant Busan Construction Co., Ltd., and performed the transport and banking of soil and sand at the construction site of this case.

On February 29, 2012, D, an employee of the Plaintiff, loaded a dump truck of this case, carrying earth and sand and driving the dump truck of this case at the dump site for embling work, which occurred an accident where Dump truck of this case dump truck of this case dump truck of this case (hereinafter “the first accident”).

E. After that, around 15:40 on April 30, 2012, when the Plaintiff loaded a dump truck of this case, there was an accident where the instant dump truck of this case dump truck of this case ended (hereinafter “the instant second accident”) while putting the Plaintiff on earth and dump truck of this case, and putting it on earth and sand at a new embling work site, and the Plaintiff suffered injury, such as pressured pressured dumping, etc. due to the instant second accident.

[Reasons for Recognition] Facts without dispute, Gap's 2 (including each number; hereinafter the same shall apply), 3 evidence, Eul's 1 (Construction Machinery Lease Contract) and 2, and the purport of the whole pleadings

2. The Defendants asserted that the Plaintiff is the contractor, contractor, and subcontractor of the instant construction project, and the Plaintiff is transporting soil and sand at the construction site of this case.

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