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(영문) 광주지방법원 목포지원 2018.09.19 2016가단54467
손해배상(산)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff is the wife of the deceased E (hereinafter “the deceased”), and the Plaintiff B and C are the offspring of the deceased.

Defendant Thai Co., Ltd. (hereinafter “Defendant Company”) is a company that runs a waste disposal business, etc., and Defendant D is an employee of the Defendant Company.

B. (1) In the instant accident, the Deceased is the representative director of G Co., Ltd. (hereinafter “G”) operating a 25 tons wing truck (F; hereinafter “instant truck”) installed on the left side of the loading box, which is located on the ground of the 25 tons wing truck (hereinafter “the instant truck”).

(2) He collected and transported wastes generated from the places of business of Samung Industries Development Co., Ltd., G, and Defendant Co., Ltd., and concluded an entrustment contract with the Defendant Co., Ltd. for the disposal of general waste.

(3) On June 1, 2016, the Deceased loaded waste on the instant truck and arrived at the Defendant Company’s waste disposal site in accordance with the instant consignment contract.

(4) Subsequent to Defendant D’s work to load and unload wastes loaded on the instant truck using boomers (the method of cutting down wastes on one’s booms as booming booms). During the work process, Defendant D continued to load and unload the instant truck using a plucker and H with the wing booms below, during the instant truck.

Afterward, while the Deceased was carrying out the remaining work on board, the Deceased was plucked by plucking, plucking, and the Deceased died due to this reason.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence 1 through 6, 8 through 13, Eul evidence 2-1 and Eul evidence 2-2, witness H's testimony, defendant D's personal inquiry result, the purport of the whole pleadings.

2. Determination

A. The plaintiffs' assertion that Defendant D should discharge wastes from Defendant Company.

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