(영문) 부산지방법원 2020.04.28 2018가단311766

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(영문) 부산지방법원 2020.04.28 2018가단311766

손해배상(기)

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1. The Defendants jointly share KRW 54,175,894 with respect to the Plaintiff, and 5% per annum from May 19, 2017 to April 28, 2020.

Reasons

1. Occurrence of liability for damages;

A. At around 13:30 on May 19, 2017, the Plaintiff, in the vicinity of the land site of Defendant B Co., Ltd. (hereinafter “Defendant Company”) located in Changwon-gu, Changwon-gu, Masan (hereinafter “Defendant Co., Ltd.”), lost a pipe of approximately 4.5 meters in length, and thereafter, Defendant C, who is an employee of the Defendant Company, was working to load and unload the pipe sprink.

In order to assist in loading and unloading, the Plaintiff connected to the braceing of the pipe gate, in the part where the forking of the forking engine is not closed. Defendant C, which was loaded on the Plaintiff’s vehicle to the Plaintiff, fell into the floor, thereby covering the part of the Plaintiff’s right bridge (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury by the Plaintiff, such as the opening of the right-side body string.

[Grounds for Recognition] Unsatisfy, Gap evidence 7-1, Eul evidence 3-2, the purport of the whole pleadings

B. According to the existence of liability and the recognition of the above limitation, the instant accident occurred due to Defendant C’s negligence, which caused the stringing of the Plaintiff for loading and unloading without viewing the Plaintiff within the radius of the loading and unloading of the hack pipe.

Therefore, the above defendant and the above defendant's employer are jointly liable to compensate the plaintiff for damages caused by the accident of this case.

However, in light of the fact that the plaintiff should also take into account the working conditions of the field and promote his own safety, the responsibility of the defendants shall be limited to 80%.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, the parties' arguments are separate.

유사 판례

-부산지방법원 2020.4.28. 선고 2018가단311766 판결

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