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(영문) 청주지방법원 2020.08.20 2019나14272
손해배상(자)
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On July 7, 2015, the Defendant: (a) driven Crono 4.5 tons dump truck (hereinafter “instant truck”); (b) laid the instant truck onto a factory in the vicinity of the Ka Center, operated by the Plaintiff located in the Dap-gun, Chungcheongnam-gun, Chungcheongnam-gun, and (c) laid the steel shed on the Plaintiff, instead of fixing it to the hole of the part of the cover of the device that connects with the axis and axis from among the device that putting the truck loaded, on the Plaintiff, requesting the Plaintiff to check whether the fine is fine.

B. Accordingly, the Plaintiff, who was listed on the lower frame of the instant truck, was faced with an accident under which the Defendant loaded a steel shed, which was frighted by the Defendant, and was under the influence of the loading box.

(hereinafter referred to as “instant accident”). C.

The truck of this case was cut to the oil pressure room connected to the loading box and the lower body with iron bars, not normal pin. The Plaintiff suffered injuries, such as the pressure frame of spine 1, 5 vertebrate pressure frame, druptures, druptures, duptures, and duptures of cupage whose details are unknown.

【Reasons for Recognition】 Evidence Nos. 1 through 4, Eul’s Evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The plaintiff sought compensation from the defendant for damages incurred by the plaintiff due to the accident in this case. A.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from all obligations to the bankruptcy creditors, except dividends pursuant to the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a debtor in bankruptcy becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

Gap evidence No. 13-2, Eul No. 4.

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