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(영문) 수원지방법원안산지원 2020.11.12 2018가단54722
손해배상(산)
Text

The Defendants jointly share KRW 88,802,822 with the Plaintiff, and KRW 5% per annum from April 2, 2016 to November 12, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C were employees of Defendant B Co., Ltd. (hereinafter “Defendant Company”) around 2016.

B. At around 09:30 on April 2, 2016, Defendant C used for carrying materials on the cargo vehicles at the factory located in the Defendant Company’s factory located in Ansan-si, an Ansan-si, to load them on the front side of the factory, and the Plaintiff was carrying out the business of helping Defendant C to run the upstream business, such as controlling the vehicles living in and around the said forkn and the cargo vehicle and controlling the vehicles passing through the road. However, during the following process, Defendant C’s material was loaded on the cargo vehicle, and there was an accident (hereinafter “the instant accident”).

At the time, Defendant C did not receive a construction machinery operator's license, and the Plaintiff suffered injury, such as inside the left-hand leg and alley, due to the instant accident.

C. Defendant C was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and is still pending in trial.

(Ground for recognition), entry of Gap evidence Nos. 1, 2, 7, 9, 10, and 10, and the purport of the whole pleadings, without dispute (based on recognition)

2. Determination

A. According to the fact that the occurrence of one liability for damages is recognized, the accident of this case is driving the vehicle without neglecting the above duty of care without a license by Defendant C while accurately operating the steering gear and operating the steering gear in order to prevent people from approaching the surrounding areas and the direction of the operation by properly operating the steering gear, while driving the vehicle in this case.

As such, Defendant C is liable to compensate the Plaintiff for the damages incurred due to the instant accident pursuant to Article 750 of the Civil Act, and Defendant C, the employer, jointly with Defendant C, shall compensate the Plaintiff for the damages incurred in the course of performing the duties of Defendant C, who is an employee under Article 756 of the Civil Act.

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