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(영문) 창원지방법원진주지원 2016.03.18 2015가단32727
손해배상(기)
Text

1. The Defendant: (a) KRW 5,500,000 to Plaintiff B, as well as 5% per annum from April 1, 2005 to March 18, 2016; and (b).

Reasons

1. Facts of recognition;

A. The Plaintiffs are married and wife, and Plaintiff A is a dump truck (hereinafter “instant truck”).

(2) On June 8, 2012, Plaintiff B is the driver of the instant truck, and Plaintiff B is the owner of the instant truck. The Defendant is a company that treated the instant construction work D located in Gyeongnam-gun, Busan-gun (hereinafter “instant construction”).

B. (1) On April 1, 2015, between April 15:00 and 15:30, Plaintiff A fell from a cut slope of 25 meters high level while driving the instant truck in order to cut down earth and sand on the floor of the reservoir in order to improve the embankment at the site of the instant construction work, and then falling down from a cut slope of 25 meters high in height while driving down the earth and sand (hereinafter “accident”).

2) 2) The Defendant’s employees run the instant truck on the floor of the reservoir using the chacker. 2) If Plaintiff A drives the instant truck and moves it to the seating place and drops down earth and sand, then the Defendant’s employees repeatedly do so using the chacker.

3) At the time of the instant accident, the Defendant placed one signal number on the direction behind the instant truck, but did not place it on the direction of the instant truck, and set up the instant truck with a stone inside the drums of plastic material in order to prevent the fall, depending on the boundary line of the sloping side. 4) Plaintiff B discarded the instant truck on April 13, 2015, which was after the instant accident.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Establishment of liability for damages;

A. As to the cause of the instant accident, the Plaintiffs asserted that the Defendant neglected to take measures under the Occupational Safety and Health Act, and that the Defendant was due to the Plaintiff’s total negligence.

(b) judgment;

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