(영문) 춘천지방법원 강릉지원 2018.04.03 2017가합30555

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2018.04.03 2017가합30555

손해배상(산)

Text

1. The Defendant: (a) against Plaintiff A, KRW 35,676,153; and (b) against Plaintiff B and C, KRW 21,117,435, respectively; and (c) against each of the said amounts, May 2, 2016.

Reasons

1. Basic facts

A. E is a person who operated a dump truck (current registration number G) and operated a business. The defendant is a person who operated a dump truck (hereinafter “dump truck in this case”) with Hump truck (hereinafter “dump truck in this case”), and the plaintiff A is a spouse of E, the plaintiff B, and the plaintiff A is a child of each E and the plaintiff A.

B. At around 08:10 on May 2, 2016, the Defendant: (a) was engaged in the work to separate the back of the loading box in order to load a dump truck of this case with E, along with E, at the closed soil of J, located in Sam-si I.

C. Accordingly, the Defendant removed dump p trucks listed on the instant dump truck from the back of the loading box, and the back of the loading box fell as it is, and shocked E, which was immediately behind the back of the loading box.

(hereinafter “instant accident”). D.

E In May 2, 2016, around 08:26 on May 2, 2016, died of serious brain damage.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1 (Evidence with a Serial No. 1, hereinafter the same shall apply) and the purport of the whole pleadings

2. Recognition of and limitation on liability for damages;

A. Comprehensively taking account of the facts acknowledged as above and the purport of the entire evidence revealed earlier, the Defendant, who was engaged in the operation of dump truck, shall be prohibited from entering the back of the dump truck when separating the back of the dump truck, and the Defendant, who was engaged in the operation of the dump truck, shall be allowed from entering the back of the work radius, and a dump truck shall be allowed from entering the back of the dump truck by using hump chains, etc., which connects the upper part of the back of the dump truck to the bottom of the dump truck to the lower part of the dump truck, and by removing a fixed dump which is fixed at the back of the dump truck onto the back of the dump truck,

유사 판례

-춘천지방법원 강릉지원 2017.01.11 2016고단1303

-수원지방법원 여주지원 2018.02.13 2016가단5827

-대구지방법원 경주지원 2015.04.23 2014고단971

-수원지방법원 2018.10.30 2018나59212

-수원지방법원 안산지원 2016.11.17 2015고단2721