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(영문) 서울중앙지방법원 2017.10.27 2016가단5189429
손해배상(자)
Text

1. The Defendant’s KRW 58,582,063 as well as the Plaintiff’s annual rate from April 7, 2015 to October 27, 2017.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B around April 11, 2015, around 11:00, at the site of D Factory Site Development Project in Asia-si, Asan-si, E (hereinafter “Defendant C”)

) While driving a tin and running a tiny construction work, the tweet was separated from among the tweet of Defendant Cracker. Separate tweet fell from the Plaintiff’s side during the on-site survey work, which led to the Plaintiff’s twelve to a complete slope of about 2 meters, and the Plaintiff’s twelve was also moved to the Plaintiff and covered the Plaintiff’s right swelve to the Plaintiff’s right wlve (hereinafter “instant accident”).

2) The Defendant is an insurer who entered into an insurance contract with respect to the Defendant soft machines.

B. According to the above findings of recognition of liability, the accident of this case occurred due to the operation of the defendant so that the defendant is liable to compensate for the damages suffered by the plaintiff as the insurer of the defendant so far as the accident of this case occurred.

C. The defendant's assertion 1) The plaintiff did not issue a safety instruction to the field leader, who is an on-site leader who gives an overall work order to the field captain, etc., to check whether or not connection with the tampet has been verified, and an accident that falls under the tamp may occur due to the omission of the tampet, so the tamper should not work in the vicinity of the tamper working group, but did not take care of the movement of the tamper while working in the vicinity of the tamper working within the distance, and did not work without a safety device in the risk area where 2m slopes are located. The plaintiff's gross negligence contributed to the occurrence of the accident and the expansion of damage of the accident in this case, it should be taken into account. (2) The plaintiff's judgment is in the position of the field leader, who is the head of the field manager, and was in the position of the field leader, who serves as an intermediary manager at the construction site, and there is an accident that the tampet falls.

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