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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “B”) entrusted Nonparty F Co., Ltd. (hereinafter “F”) with the removal of earth and sand generated during the construction of a new construction site in Songpa-gu E Hospital located in Songpa-gu Seoul. The F re-entrusted the Plaintiff, who is the owner of G dump trucks, to the Plaintiff.
B. On September 6, 2017, the Plaintiff moved to H of Gyeonggi-gun, which is managed by Defendant C (hereinafter “C”), a loading place, after cutting down sand on the said dump truck at the dump truck at the dump construction site.
C. At the loading and unloading place above, Nonparty I, who belongs to Defendant C, was able to load and unload as a signal number.
The plaintiff transferred dump trucks to side while loading and unloading earth and sand at the loading and unloading place.
【Evidence A’s Evidence Nos. 1, 10, 10, 1, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (i.e., dump truck of this case) did not load on the right-hand side of the loading box while loading and unloading, and thus, lost weight.
However, Defendant B has "violation of Duty to Notify the state, type, etc. of soil and sand", "Violation of Duty to load the cargo at the time of loading soil and sand in one way," "Violation of Duty to Provide signal to Defendant C", "Violation of Duty to equal and cut the floor of the loading and unloading place," and "Violation of Duty to inform the driver of the risk of an accident that may occur in the course of carrying out the work situation," and this accident is caused by competition of the Defendants' breach of duty.
Therefore, the Defendants are obliged to compensate the Plaintiff for damages of KRW 5,200,000 for medical expenses paid by the Plaintiff, KRW 205,070, KRW 31,761,950 for dump truck repair expenses, and KRW 5,20,00 for the treatment and repair period of one month.
The instant accident of the Defendants was caused by the movement of dump trucks without unloading the Plaintiff’s dump trucks without unloading the earth and sand completely.
B. (i) the witness J.