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(영문) 서울중앙지방법원 2018.07.04 2017가합587428
손해배상(기)
Text

1. The Defendants jointly share KRW 298,401,685 with respect to the Plaintiff and the period from June 12, 2014 to July 4, 2018.

Reasons

1. Basic facts

A. Defendant B, as the factory site of Defendant C Co., Ltd. (hereinafter “Defendant C”), is a person comprehensively responsible for the prevention of accidents related to hazardous chemicals, the management and supervision of employees, and E is a person in charge of the operation of G tank glass (hereinafter “instant vehicle”), which is a vehicle transporting toxic substances in F, and is a person who entered into a mutual aid agreement with F, the borrower of the instant vehicle. Defendant D Federation (hereinafter “Defendant Federation”) is a person who entered into a mutual aid agreement with F, the borrower of the instant vehicle.

B. On June 12, 2014, E loaded yellow acid on the instant vehicle at the port of yellowsan Factory, and Defendant C’s hazardous chemical supervisor H was at the site prior to the commencement of shipment, and on the instant vehicle, yellow acid was loaded more excessively than the limited capacity.

C. E discovered a fact that yellow acid was overfinite, and known to Defendant C, but Defendant C’s employees instructed I (hereinafter “I”) to discharge overfinites, and led E to safely dispose of overfinites by moving E to a safe hazardous chemical treatment facility and inducing E to safely dispose of overfinites, or neglecting E without managing or supervising it to prevent transfer of overfinial acids to another tank C.

E, notwithstanding the foregoing instruction, the Plaintiff was waiting for the vehicle to be loaded with the fruit at the Onnuri Factory site, and the J-Crori Vehicle operated by the Plaintiff (hereinafter referred to as the “Plaintiff”) was found, and requested the Plaintiff to transfer the fruit to the Plaintiff’s vehicle.

E. E, with the Plaintiff’s consent, has disembarked the connection string up to the lower part of the vehicle, has started to transfer sulfur by using a fixing device with iron at the upper part. During that process, it does not transfer poisonous substances on the upper part of the vehicle without checking the safety of the connected strings and other relevant equipment.

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