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(영문) 부산지방법원 2021.02.02 2018가단336116
손해배상(기)
Text

All of the plaintiff's claims against the defendants are dismissed.

Costs of lawsuit shall be costs incurred by the participation in a subsidy.

Reasons

1. Basic facts

A. At the site of the F Industrial Complex Construction Works in Gangseo-gu Busan, the Plaintiff operated G 25.5 tons dump truck owned by the Plaintiff (hereinafter “Plaintiff”) and transported stones, and Defendant B driven an I digging pool on the part of Defendant H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and was working on the part of the Plaintiff at the construction site.

B. On June 23, 2018, around 15:30, the Plaintiff was waiting to sit in the Plaintiff’s driver’s seat while Defendant B was working on the upper part of Defendant B. However, immediately after Defendant B’s weighting up to KRW 2 tons (hereinafter “the instant rocks”) on the Plaintiff’s vehicle, the Plaintiff was a large amount of noise from the engine of the vehicle located below the driver’s seat between the Plaintiff’s seat and the loading box, and the Plaintiff’s engine was destroyed to the lower end (hereinafter “the instant accident”). C.

After the instant accident, the Plaintiff was diagnosed by around June 25, 2018, such as salt, tensions, etc., and received outpatients treatment. From June 26, 2018 to July 2, 2018, the Plaintiff received hospital treatment and received hospital treatment from July 3, 2018 to July 13, 2018.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence No. 7 (including various numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion is that the defendant B, as a driver of the sowing season, had the duty of care to prevent the accident by carrying out the work not to fall on the part of the plaintiff's vehicle when he loaded the plaintiff's vehicle, and as a result, the plaintiff's injury suffered and damaged the plaintiff's vehicle. Thus, the defendant B is liable for tort liability, and the defendant company is liable for damages as the user of the defendant B.

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