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(영문) 서울중앙지방법원 2020.08.14 2020나8486
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 16:30 on August 10, 2017, C stopped Franchising and carrying timber within the E located in Nam-gu Incheon Metropolitan City, Nam-gu D (hereinafter “Defendant vehicle”), and C driven the Defendant vehicle at the request of the driver carrying timber, while driving the vehicle, which led the Defendant vehicle to the rear part of the Defendant vehicle’s seat.

(2) At the time of the instant accident, the Plaintiff: (a) fell under the timber accumulated on the part of the Defendant’s vehicle in loading; (b) fell under the Defendant’s vehicle and fell under the Defendant’s vehicle with a shocked timber; and (c) sustained the injury, such as the two specifications, less than one type of brain damage, external fladrosis, and fladrosis, etc.

(3) The defendant is a mutual aid business entity which has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] The fact that there has been no dispute, Gap 2, 3, 9, Eul 2 (including Serial number; hereinafter the same shall apply)'s descriptions, images, and the purport of whole pleadings

B. According to the above recognition of liability, the defendant, who was a mutual aid business operator for the defendant's vehicle, was injured by the operation of the defendant's vehicle, barring special circumstances, is liable to compensate the plaintiff for the damages caused by the accident in this case.

C. The limitation of liability is (1) but in full view of the purport of the entire images and arguments in the evidence No. 3 as to the above facts of recognition, it is recognized that there was an error in failing to wear protective equipment, such as safety caps, while being loaded above the wooden bus he loaded the Defendant’s vehicle in order to load and load the train. Considering the circumstances of the accident in this case and the overall circumstances before and after it, the Plaintiff’s error is deemed to have caused the occurrence or expansion of damage, and thus, the Defendant should compensate the Plaintiff.

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