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(영문) 인천지방법원 2015.07.15 2011가합18365
손해배상(기)
Text

1. The Defendant: (a) to Plaintiff A, KRW 96,415,878, KRW 56,330,012, and each of the above amounts to Plaintiff B, and KRW 56,330,012, respectively, on July 26, 2011.

Reasons

1. Basic facts

A. The Defendant, as an operator of “E”, was engaged in the work of maintaining machinery due to the printing and contact work, and the network F (hereinafter “the deceased”) was engaged in the work of transporting heavy oil using H tank freight truck (hereinafter “instant freight truck”) under the name of “G” by lending the Plaintiff’s name. The Plaintiff was the deceased’s wife, Plaintiff B, and Plaintiff A’s children.

B. Around July 26, 2011, the Defendant: (a) requested the Deceased to use part of the tank harming the truck of the instant truck; and (b) caused the Deceased to assist the Defendant by getting the Deceased to close up the part of the tank harming the upper part of the instant truck and to fold it.

C. While the Defendant and the Deceased were engaged in the melting work on the tank harming the cargo of this case, an accident was caused by an explosion (hereinafter “the accident of this case”). D.

Around August 3, 2011, the Defendant and the Deceased were immediately sent back and received treatment, but the Deceased died of the heart from the cardiopulmonary function color, multiple organ damage, and the heart disorder caused by the respiratory organ in Guro-gu Seoul.

E. The Defendant had a duty of care to prevent explosion by neglecting the duty of care after checking whether the oil vapor remains in the tank of the instant truck and removing all remaining oil vapors, and thereby caused the instant accident by negligence, which led to the death of the Deceased, and thereby, was prosecuted on the charge of occupational injury or death, and was sentenced to one year of imprisonment without prison labor and two years of suspended execution, and the Prosecutor and the Defendant filed both appeals (Government District Court 2013No2676) but on October 1, 2014.

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