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(영문) 의정부지방법원고양지원 2017.07.05 2016가단87547
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2011, the Defendant, such as the parties, operated a business that publishes and distributes music specialized books in the name of “D” (hereinafter “instant business entity”), and the Plaintiff’s arche E (FFs; hereinafter “the network”) was employed by the instant business entity on December 26, 201. On December 12:10, 201, the Defendant was used in the packing and delivery of the order books in the logistics warehouse of the instant business entity and died while sending them to a nearby hospital.

B. On December 26, 201, the Deceased was employed by the instant business entity on the part of December 26, 201, and was assigned to the logistics business division (including the net, five employees are assigned) from that time, and was in charge of logistics management in the logistics warehouse of the instant business entity.

(Work Hours: 08:45 to 18:30, recess hours: 13:00 to 14:00). A logistics management business conducted the business of searching books in a logistics warehouse in accordance with the client’s order and packing and loading them into the delivery vehicle. From 08:45 to 16:30, other distributors contained the books to be delivered, and contained the books in packaging from 16:30 to 18:30.

In addition, the Deceased concluded a cargo service contract with the instant company and prevented G from delivering the delivery work on the grounds of medical treatment. From November 20, 2013 to November 20, 2013, the Deceased was in charge of the delivery work. As seen above, the delivery work was performed by delivering the books on the packing as of the preceding day to the customer on the following day, the average daily service distance was approximately 185km.

The contents of duties until November 19, 2013 of the deceased in ordinary and the contents of duties after November 20, 2013 are as follows:

On and after November 20, 2013, prior to November 19, 2013, there are other distributors who start to work as a customer by driving a delivery vehicle as a logistics warehouse of the instant company, and start to work 07:45-16:30 from the date of November 20, 2013.

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