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(영문) 대전지방법원서산지원 2017.10.12 2016가합50763
손해배상(기)
Text

1. The Defendants jointly deal with Plaintiff A with KRW 67,35,40, and KRW 38,236,933, respectively, and each of the said money.

Reasons

1. Basic facts

A. The status of the parties (1) Defendant D Co., Ltd. (hereinafter “Defendant D”) (hereinafter “Defendant D”) was a corporation engaging in the construction business, and performed the “G D D D D D D” in Jinjin-si from April 1, 2015 to March 30, 2016, by being awarded a contract with the Korea Eastern Power Headquarters for the Development of East and East Korea. Defendant E was the head of the “G D D D D D D D D’s site.”

(2) On December 31, 2015, Defendant D among the “G Lottery Corporation” is the following:

Note 2(1) provides that the term “defabrising construction work”, as described in paragraph 1, was subcontracted to H, which is a 24 tons dump truck borrower and an individual entrepreneur.

(3) Plaintiff A is the spouse of H, and Plaintiff C and B are children of H.

B. (1) Around 10:40 on December 31, 2015, Defendant D carried out construction works (hereinafter “the instant construction works”) for constructing banks (20 meters in length, 6 meters in width, and 1 meters in height from the water surface) by piling up earth and sand with a dump truck loaded on G tom, using the site of “G D D D D D D D D D D D D D D D”, three dump trucks, one snick, and one slider, etc.

(2) The instant construction was conducted by the method that dump trucks were loaded with earth and dump trucks used to cut off the soil when dump trucks were loaded with seawater. At first, the instant construction was conducted in a place adjacent to the existing tide embankments and where seawater was almost rare, but the depth was gradually deepened as dump trucks buried into seawater.

(3) H dump truck, with the fifth dump truck loaded with earth and sand and dump truck’s ground buried in the part where the wheels of the dump truck was laid down (hereinafter “instant accident”), and H was discovered by the 119 rescue unit members on the same day after death inside the vehicle on the same day.

C. Defendant E, after the process of the instant case, neglected the duty of care to prevent an accident during the construction process and caused the deceased to die by negligence in the course of performing the construction work.

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