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(영문) 대구지방법원 2015.09.17 2014나7719
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant is a business operator operating construction machinery leasing business under the trade name of “B” and is the owner of C. C. (type: LTM 1200, size: 200 tons, annual formula: 195, and hereinafter “instant weight”).

B. The Plaintiff is a company subcontracted the removal of the building and equipment on the ground D in the old-si Seoul Special Metropolitan City (hereinafter “instant removal construction”).

C. On November 24, 201, the Defendant leased the instant weighter to the Plaintiff at KRW 3.5 million per day with E, a driver of the instant weighter (hereinafter “instant lease agreement”). The work performed by E to use the instant weighter, among the above factory buildings, was to cut off from one wall to 18 tons of steel structure cut off from one wall of the raw material unit (hereinafter “the instant steel structure”), and to set off on the floor by revolving 180∑ and revolving the instant steel structure.

(hereinafter referred to as the “instant work”). D.

E, around 10:10 on November 24, 201, operated the instant boomer at the said plant, and laid down the instant steel structure to the left-hand side in order to move it to a place located adjacent to 180∑. On the other hand, when the instant boomer’s share of the boomer was cut off from the above boomer’s share of the boomer’s share of the boomer’s share of the boomer’s share of the two parts and three parts of the boomer’s share of the instant boomer’s share of the boomer’s share of the boomer’s share of the Plaintiff (hereinafter “instant accident”).

E. At the time of the instant accident, the Working Group around 16 meters, and around 54.5 meters in the length of the boom boom during the instant season, and the adequate weight according to the safety standards set out in the table of the base of the instant season (85%) is about 22.4 tons in weight.

F. After the instant accident, the Defendant left the engine of this case cut off at the site of the removal construction of this case without moving the engine, and the Plaintiff was under the Daegu District Court Kimcheon-be 201Kahap41 on November 28, 201.

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