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(영문) 전주지방법원 2015.09.15 2014가단12524
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. At around 00:30 on March 25, 2013, Nonparty D opened a crime prevention window, which was consisting of a steel shed in his/her hand, and opened a window after a year, and was in possession of a female dormitory, Nonparty D’s snow part on two occasions, the left back part, one time, and the front part of the Plaintiff’s face and head, and the Plaintiff suffered injury, such as the Plaintiff’s real name, etc., in drinking, by taking the Plaintiff’s face and head into consideration.

(hereinafter “instant accident”). (b)

On October 7, 2010, the Defendant entered into a lease agreement with the Korea Highway Corporation (hereinafter “Korea Highway Corporation”) to use the facilities of the instant rest area and the right to use the site from the Nonparty Corporation, and operated the instant rest area from around that time.

C. After the Defendant leased the instant rest area from Nonparty Corporation, on June 7, 2013, 2013, “G” entered into an agreement with Nonparty H, which mutually provides the Defendant with goods necessary for the operation of the rest area, to supply the goods necessary for the operation of the rest area, and to supply necessary human resources (hereinafter “instant supply agreement”). H supplied goods necessary for the operation of the rest area to the Defendant in accordance with the instant supply contract and offered services by placing necessary human resources, such as Plaintiff A.

Plaintiff

A is a worker employed at H, who is placed at the instant rest area, and Plaintiff B is a child of Plaintiff A, and the dormitory of this case is an accommodation facility provided by the Defendant for those working at the rest area.

2. The plaintiff's assertion and judgment thereon

A. As to the existence of the responsibility based on actual labor relations, the Plaintiffs first receive the direction and supervision of the Defendant’s workers belonging to H, or actually, the Plaintiffs.

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