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(영문) 부산지방법원 2018.07.31 2016가단355717
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around 09:00 on June 11, 2016, the Plaintiff was an employee of the Daegdong Co., Ltd., and was engaged in the work of installing a propeller, moving, and arranging the 2Dok N264 line in the Defendant’s workplace located in the Busan Young-gu, Busan. However, the Plaintiff caused an accident (hereinafter “the instant accident”) involving the Plaintiff’s bridge part while driving the accusation owned by the Defendant (hereinafter “the instant accusation”).

B. In the instant accident, the Plaintiff suffered injury, such as cutting down on the right-hand upper frame and non-alleys and cutting down of the non-alleys, cutting off of the left-hand side, cutting off of the upper-hand side, cutting off of the left-hand side, and damage to the un

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. The plaintiff's assertion is the defendant Eul's employer who is liable to compensate the plaintiff's damage caused by the accident of this case. Even if not, the defendant is the owner of the complaint of this case, and thus, the defendant is the operator under the Guarantee of Automobile Accident Compensation Act, who is liable to compensate the plaintiff's damage

3. Determination

A. We examine the employer's responsibility, and determine the worker who is employed by B, who caused the instant accident, as seen earlier, and there is no other evidence to prove that the Defendant is the employer B. Thus, the Plaintiff's above assertion is without merit.

B. The term "motor vehicle" under the Guarantee of Automobile Accident Compensation Act, and the term "motor vehicle under the Guarantee of Automobile Accident Compensation Act" means a motor vehicle to which the Motor Vehicle Management Act applies and a construction machinery to which the Construction Machinery Management Act applies, as prescribed by Presidential Decree (Article 2 subparagraph 1 of the Guarantee of Automobile Accident Compensation Act), Article 2 subparagraph 3 of the Guarantee of Automobile Accident Compensation Act, and Article 2 subparagraph 2 and subparagraph 3 of the same Act, and the purport of all arguments

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