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(영문) 부산지방법원 2016.04.29 2015나46260
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the money ordered below.

Reasons

1. Occurrence of liability for damages;

A. The facts below acknowledged facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 1 to 14, Gap evidence 16 to 29, and Gap evidence 16 to 29, and the Korea Electric Power Corporation in the first instance court, Jin, Jin and Jin Heavy Industries Co., Ltd. in the court of first instance, and the purport of the whole arguments as a result

(1) The Plaintiff is a company that carries out loading and unloading of containers at the container-only terminal located in the port of North Korea in Busan, and the Defendant’s National Freight Trucking Association (hereinafter “Defendant Federation”) is a mutual aid business entity that entered into a mutual aid agreement with the Defendant World Transport Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd”) with the Plaintiff’s member, and the Defendant A is a Crecian driver who belongs to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

(2) On December 18, 2013, Defendant A, while performing construction works on high-priced underground vehicles between North Korea Port Authority-Dong-dong-dong-dong-based underground streets on a high-tension basis, Defendant A opened the distribution line of the Korea Electric Power Corporation according to the boom of the instant Cricker’s boom in Busan-dong-dong-dong 128-4, Busan, and had a high-tension cable installed as the distribution line of the Korea Electric Power Corporation according to the boom of the instant Cricker.

(3) On December 18, 2013, from around 11:31 to December 13, 2013 of the same day, the supply of electricity by approximately 4,477 generation units, including the Plaintiff’s work site located in the Busan Southern-dong, Busan-gu, Busan-do, the area where the power supply was suspended (including the Plaintiff’s work site). As a result, not only the area where the power supply was performed through the wire line line, but also the area (including the Plaintiff’s work site) where not only the area where the power supply was connected or affected by the said line, but also the area where the power was supplied with other lines connected or affected by the said line.

(4) At the time of the instant accident, the Plaintiff: P-080, Won: LIFT CAPACITY 61 ton, and manufacturing year: December 2003.

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