beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 21, 2012, the Plaintiff concluded a sales liability insurance contract with A.
According to the above insurance contract, the Plaintiff is responsible for compensating for damages arising from an accident caused by A while operating construction machinery.
B. The Defendant requested A to perform the loading and unloading work of the pipe pipe, which is loaded on one ton truck.
A around July 2, 2013, around 14:30 on July 2, 2013, the staff B of the Gu-U.S. Corporation, Lnoxex Outdoor Parking Lot located in the Gu-U.S. Corporation, put up the dump of the dump pipe, which was loaded on the truck, into four bottoms of the dump pipe pipe.
Since the above 4 horizontals do not match the above 4 horizontals, the defendant's employees C suspended the operation of the knife to B, and began to meet the above 4 horizontals.
However, B was unable to identify C’s suspension signal, and it was caused by a set of the pipe in order to have C’s own knife with the fear that the said pipe might fall in the flick interest.
During that process, there was a gap between the strong pipe and C’s head, hand, etc., and due to this, C suffered bodily injury, such as 2 feet, scarke and scarlett 12.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid C totaling KRW 68,100,000,000 to C on March 18, 2013, KRW 16,77 million on May 20, 2013, and KRW 68,10,000 on July 5, 2013.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion is the user of the victim C, and the defendant did not perform safety measures to prevent the injury or injury in the course of loading and unloading pipes under the Occupational Safety and Health Act.
Since the accident of this case conflicts between B's negligence and the defendant's negligence, the defendant is liable to compensate C for damages caused by default or tort.