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(영문) 대전지방법원 2021.02.10 2019가단126133
손해배상(산)
Text

1. The Defendants jointly share KRW 98,283,071, Plaintiff B, and C, respectively, and each of them.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that contracted and performed pipeline construction within the “H apartment construction site” located in Sejong Special Self-Governing City G, and Defendant E is the site manager of the Defendant Co., Ltd.

B. Nonparty I (hereinafter “the Deceased”) who is the part of the Plaintiffs’ victim, is the deceased.

Plaintiff

A is the wife of the Deceased, and the plaintiff B and C are the children of the plaintiff B and C) as the cargo driver, around June 5, 2018, he was released a support stand fixing the cargo loaded at the cargo loading box so that urban gas pipes necessary for the pipeline works can be loaded in the J cargo vehicle and unloaded at the above construction site.

(c)

Since then, Defendant E instructed Defendant F to remove pipes in the loading of the cargo vehicle loaded by the deceased in the same construction site, and Defendant F to remove the pipe in the opposite side to the loading of the cargo vehicle by inserting the pipe in the loading of the cargo vehicle loaded by the deceased (after the deceased’s supporting unit for the cargo vehicle loading, and approximately 10 minutes elapsed since the deceased’s leashing unit for the cargo vehicle loading). Defendant F was trying to get out of the pipe in the loading of the cargo vehicle (after the time when approximately 10 minutes elapsed since the deceased’s leashing unit for the cargo vehicle loading). Defendant F was in the opposite direction to the cargo vehicle loading by cutting off the pipe to the cargo vehicle loading.

The deceased died with a pipe dives away from the deceased.

[Reasons for Recognition] Evidence Nos. 1 through 14, Evidence Nos. 1 and 1 (including branch numbers), and the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) When Defendant E gives Defendant E, a private driver on board a cargo vehicle, to issue a pipeline to Defendant E, prior to the commencement of the work, check whether there is no person in the vicinity of the cargo vehicle and within the radius of the work of the vehicle in possession, assign signal numbers, and manage the site in such a manner that no person can enter the site within the radius of the work of the vehicle in possession during the loading and unloading.

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