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(영문) 서울동부지방법원 2019.02.20 2018가합101756
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) Company B and Defendant C jointly share 86,220,083 won and KRW 86,220,083 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who engages in construction machinery rental business under the trade name of “D” and is a person E 70t mid-term aircraft (hereinafter “instant mid-term aircraft”).

Defendant C is the owner of the instant construction project. Defendant C is the “G New Construction Project” on one parcel, other than Gangseo-gu Seoul Metropolitan Government F. (hereinafter “instant construction project”).

(2) Defendant B is the contractor of the instant construction, and Defendant B is the contractor of the instant construction, and Defendant B is the contractor of the instant construction, who has been dispatched to the instant construction site as an intermediate engineer employed by the Plaintiff and operated the instant devices; I is a technical director of the instant construction site, who works as the head of the instant construction site and manages all the removal, including removal; and J is the head of the site under his jurisdiction.

B. On December 27, 2017, J established a plan to remove structures, such as water tanks, which come into the existing fifth floor rooftop of the building site of the instant construction site by using a string machine on December 27, 2017, and reported it to I, and requested the Plaintiff to lease the instant string machine. The Plaintiff agreed to lease the instant string machine to Defendant B with a rent of KRW 1,00,000,000. On December 28, 2017, H instructed H to operate the instant string machine and instruct H to carry out the instant string work at the construction site of the instant construction site on December 28, 2017.

However, around 09:40, the ground of the part of the support unit for the left side of the engine of this case was subsidenceed, and the excavated machine of this case exceeded the neighboring vehicular road, and there was an accident where the boom boom boom boom was removed from the roof of the urban bus where the boom boom boom was stopped on the road floor (hereinafter “instant accident”).

As a result, the term of this case was damaged.

C. 1H, J and I in the relevant criminal case are the instant accident.

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