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(영문) 청주지방법원 2020.09.24 2019가단24797
구상금
Text

1. The Defendants jointly share KRW 200,000,000 with respect to the Plaintiff, and Defendant B and Defendant C Co., Ltd.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter referred to as “B”) contracted new E (civil engineering, construction, machinery, and landscaping) at the Cheongju-si waterworks headquarters, and subcontracted the installation of pressure-causing facilities (construction) to Defendant C Co., Ltd. (hereinafter referred to as “C”) for KRW 193,950,000. The Defendant C subcontracted the installation of pressure facilities (construction of soil) to Defendant C Co., Ltd. (hereinafter referred to as “C”) for KRW 70,00,000 among pressure-generating works.

B. Upon completion of the instant accident’s strong pressure, Defendant D, on December 19, 2018, directly operated G excavation searcher (uninsurance vehicle; hereinafter “instant excavation searcher”) at the site of the said E’s strong pressure installation work, and directly carried H beam and trial file, which were dismantled at the facility where H (hereinafter “victim”) driven by H (hereinafter “victim”) 125 tons of cargo vehicles (hereinafter “the instant cargo vehicle”).

(2) In the case of the instant case, the instant cargo loaded on the upper part may cause a safety accident due to the falling of the temporary materials loaded on the upper part. Therefore, even though there is a duty of care to care for the operation of the excavation searcher in the place where the risk of falling is likely to occur, the victim neglected this duty and neglected to operate the excavation searcher on the side of the instant cargo driver, even though the victim is on the truck driver’s seat of the instant cargo, while operating the excavation searcher in the instant case, and carrying the file onto the upper part (third part) of the instant cargo, and the file which was laid down on the upper part (third part) of the Plaintiff’s driver’s seat, and the victim got out of the part such as the victim, etc. on the front part of the instant cargo driver’s seat and caused

(hereinafter “instant accident”). As a result, the victim suffered from cardiopulmonary damage and received treatment in the emergency room of the hospital of the Chungcheongnam-gu, Seo-gu, Seo-gu, Cheongju at around 14:57 on the same day.

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