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(영문) 울산지방법원 2015.05.20 2014가단7444
손해배상(기)
Text

1. The Defendant’s KRW 17,350,410 as well as the Plaintiff’s annual rate of 5% from February 13, 2014 to May 20, 2015, and the following.

Reasons

1. Facts of recognition;

A. On February 13, 2014, the Defendant: (a) performed the construction work of opening the city planning road between South and North Korea in the Nam-do, Chungcheongnam-do, Ulsan-gun, Ulsan-do (hereinafter “instant construction work”).

The plaintiff is the owner of B 25.5 tons dump truck (hereinafter the "dump truck of this case"). The plaintiff operated the dump truck of this case to C, who is an employee of the plaintiff, and had C, who occurred at the construction site suspension site of the Pacific Construction Co., Ltd., Pacific Construction Co., Ltd., practice in the construction site of this case at the construction site of the defendant.

When a dump truck loaded in loading earth and sand arrives at the construction site of this case, the defendant dump truck loaded with a dump truck in the construction site of this case, and arranged earth and sand in a white letter, which is a kind of sump truck of the excavated machine, and then embling work in the order of bump truck entering and bumping earth and sand.

B. On February 13, 2014, at around 08:35, C loaded dump trucks of the instant case, and then loaded dump trucks of the instant case at the construction site of the instant case at around 09:00 on the day. In the process, C dump trucks of the instant case were dump trucks at the bottom bed bottom of the instant dump truck, which led to the loss of balance.

(hereinafter referred to as the “instant accident”). C.

At the time of the instant accident, the construction site at the time of the instant accident showed the risk of breaking up the earth surface due to the snow and rain that the draft of the instant construction site caused.

The Plaintiff: (a) on February 13, 2014, upon the instant dump truck due to the instant accident, entrusted its repair to Han Industries Co., Ltd. on March 12, 2014; and (b) completed its repair on March 12, 2014; and (c) the repair cost was KRW 29,847,300.

E. At the time of the instant accident, the number of dump trucks of this case is KRW 202,230 per day.

[Reasons for Recognition] Facts without dispute, Gap 1-7, Eul 7, Eul 8, witness C and D's testimony, the purport of the whole pleadings

2. Determination

A. One of the Defendant’s occurrence of liability for damages and limitation of liability shall be at the construction site of this case.

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