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(영문) 춘천지방법원강릉지원 2016.04.27 2015가단23594
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of B dump truck (hereinafter “instant truck”). The Defendant Oj Development Co., Ltd. (hereinafter “Defendant Oj Development”) is the owner and manager of a aggregate production plant loading and unloading yard located in Gangwon-gu Seoul (hereinafter “instant loading and unloading yard”), and the Defendant Handong Construction Co., Ltd. (hereinafter “Defendant Handong Construction”) is the contractor of the construction and other construction works including D tunnels (hereinafter “instant construction”).

B. On August 24, 2012, Defendant Han Construction subcontracted the tunnel construction (main line 2) among the instant construction works to the Mine Engineering Construction Co., Ltd. (hereinafter “Mining Construction”).

C. From November 10, 2013 to 30th of the same month, the Plaintiff used the instant truck to transport and load and unload rocks generated at the construction site of this case to the loading and unloading site of this case.

On November 30, 2013, around 08:00, the Plaintiff caused an accident where the instant truck was transferred to the left-hand side in the course of loading and unloading rocks using the instant truck at the loading and unloading site of this case.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of evidence A Nos. 1 and 3, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The loading and unloading site of this case is the loading and unloading site owned and managed by the Defendant Ora-development, and the Defendant Ora-development permitted Defendant Ora-construction to load and unload the instant loading and unloading site. 2) The Defendants are obliged to perform safety management, such as cutting and flating the ground so that the ground does not collapse in the course of loading and unloading the loading and unloading on the loading and unloading site of this case. The Defendants are obliged to assign safety personnel to check them, and are obliged to conduct safety education to employees such as the Plaintiff.

3. Nevertheless, the Defendants did not assign safety personnel to the loading and unloading site of this case, using one scools.

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