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(영문) 춘천지방법원 강릉지원 2018.09.19 2017가단4658
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. On November 2, 2017, the Plaintiff entered into a contract with the Defendant for the use of CJ equipment at KRW 1,00,000 per day (8 hours) for the decommissioning of the event site located in Gangwon-gun C located in Gangwon-gun, which was sewaged by the Defendant.

B. At around 08:00 on November 3, 2017, D, the representative director of the Plaintiff, driven a 50 metric tons of E size 50 tons of the Plaintiff’s (hereinafter “the instant cler”) and dismantled the above event site structure (a frame of the clert’s substance frame) in the process of dismantling the above event site structure, D, a representative director of the Plaintiff, removed the connection pin of the structure that the Defendant cler boom on board the 5 tones of a cler and the Plaintiff was on board the cler boom and removed the connection pin of the structure that the Plaintiff was on board.

C. In the state where D is booming a structure as the boomer’s boom boom, the Defendant side removed the connecting pin of the structure and performed work lying D’s structure on the side, and there has been an accident where D’s booms did not change the weight of the structure, and the instant booms go beside it (hereinafter “instant accident”).

Cickers vary the weight that can increase according to the length of booming, and there is a small weight that can increase as boom booms are raised.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 2 through 5 (including paper numbers) and images, witness F's testimony and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant should inform D of the weight of the structure to be dismantled so that the length of booms can be adjusted, but at the time of installation without notifying it, he was fine and was at fault.

The defendant has neglected to explain the work contents to the workers before work and to provide safety education, and shall immediately cause D to do so according to the receipt of the defendant's employees.

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