(영문) 전주지방법원 2017.04.13 2016나6135 | 리걸엔진

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(영문) 전주지방법원 2017.04.13 2016나6135

손해배상(산)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding "the judgment of the defendant as to the defendant's argument" to the defendant's new argument in this court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

2. Judgment on the defendant's assertion

A. The defendant asserts that the act of moving to the ground by the defendant and the co-defendant E of the first instance trial to rescue the deceased on the tank lorri vehicle constitutes an emergency work management that managed the deceased's work to protect the deceased's life and body from imminent danger and injury, and in the process, there was no intention or gross negligence on the part of the defendant. Thus, the defendant is not liable to compensate for the damage caused by the death of the deceased.

B. First, we examine whether the above act constitutes an emergency office management.

In accordance with Article 734(1) and (2) of the Civil Act, the emergency management is required to be properly managed in accordance with the actual or presumed intent of the principal in accordance with the nature of the affairs in accordance with the nature of the affairs.

However, the defendant and the co-defendant E of the first instance trial, using a vehicle in a way to rescue the deceased who was used on the tank lorry vehicle, added it on the tank lorry to move the deceased who was used on the tank lorry to the lorrye, re-in the tank lorry to leave the lorry on the ground by operating the lorry. In the process of combining the vehicle in accordance with this plan with the tank lorry, they lore the part close to the point used by the deceased, and lorry in the course of converting the lorry into the tank lorry according to the defendant's receipt, and the fact that the deceased died as a result of this, is as seen earlier.

The initial forkivers are to enter people.

참조조문

-민사소송법 제420조

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