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(영문) 대구지방법원김천지원 2020.01.30 2019가단32619
손해배상(기)
Text

1. The Defendant’s KRW 45,975,418 as well as the annual rate of KRW 5% from August 29, 2018 to January 30, 2020, and the following.

Reasons

1. Facts of recognition;

A. On August 29, 2018, the Defendant instructed C (hereinafter referred to as “the deceased”) to conduct the re-production of a dry field using the blackter (hereinafter “instant blackter”) in the “E” operated by the Defendant in Kimcheon-si.

At around 15:15 on the same day, the deceased driven the Track in accordance with the direction of the defendant and moved the Track to the defendant's agricultural machinery warehouse (hereinafter referred to as "the Track") while driving the Track in the above Track and moving the Track to the defendant's agricultural machinery warehouse, and turned the Track in the Track as a slope, and died due to the Track on the same day at around 17:53 on the same day.

(hereinafter “instant accident”). (b)

The box of this case is installed with the safety press and safety level, and the safety press are released from a structure that can be sucked or decomposed. At the time of the accident, the box of this case did not have a safety press and safety level.

C. The manual of the instant track is a very important structure for the safety of the driver. Thus, the manual of the instant track provides guidance that the safety frame should not be remodeled or dismantled at will, and that the safety frame should not be worn when sucked or decomposed.

In order to move from the above dry field of the defendant to the defendant's agricultural machinery warehouse, the farm road of this case must pass through the farm road of this case. The farm road of this case is 3.5 meters wide, and the side of the farm road of this case is a slope of 45∑ & 6.5 meters long.

E. The Plaintiff is the mother of the deceased.

F. The Plaintiff spent KRW 5,00,000 for funeral expenses of the Deceased, and received KRW 113,880,000 for a lump sum for a bereaved family from the Korea Labor Welfare Corporation, and KRW 10,763,580 for a funeral’s expenses, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 to 28, and the purport of the whole pleadings

2. The defendant alleged by the plaintiff shall have the deceased take the safety press division.

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