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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The facts that the Defendants are co-implementers of the Incheon Housing Site Development Project (hereinafter “instant project”) and the Plaintiff is the owner of the deemed truck (hereinafter “instant truck”) do not conflict between the parties.
2. The Plaintiff’s assertion was at the construction site located within the instant project district and used a narrow and one by one side the width of the road (hereinafter “instant road”) while carrying earth and sand on the instant truck and carrying them out, and the central part of the road was cut, and it was difficult to secure the camping of the instant truck due to the situation where it was difficult to secure the camping of the road, as the wheels of the instant truck exceeded the road, and the instant truck exceeded the road (hereinafter “the instant accident”). The instant accident was destroyed by the instant truck with its repair costs, and thus, it was anticipated that the instant truck would incur KRW 2,239,000 for the treatment of the injury suffered therefrom, and KRW 2,610,000,000 will be required to be spent for the medical treatment expenses. The instant accident was destroyed by the instant truck with its repair costs, and thus KRW 52,233,00,000.
In order to prevent the occurrence of an accident, the Defendants shall be obligated to take ordinary protective measures appropriate for the construction site and the entrance section of roads. Article 23 of the Occupational Safety and Health Act (1) of the same Act shall take measures necessary for preventing any of the following hazards in carrying out business:
1. Hazards caused by machinery, apparatus or other equipment;
2. Hazards caused by explosive, inflammable or inflammable substances;
3. Hazards caused by electricity, heat, or other energy. (2) Business owners shall take measures necessary for the prevention of hazards caused by improper work methods, etc. in the course of excavating, quarrying, loading, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work.
(3) A business owner shall collapse a place, soil, sand, structure, etc. at which workers might fall during their work.