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(영문) 대구지방법원 2017.12.22 2016가단37478
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Chief;

A. In the event that the non-party company is liable for damages due to an accident during the operation of Samcheon Logistics Co., Ltd. (hereinafter only referred to as the non-party company), the Plaintiff is a mutual aid company that entered into a mutual aid agreement to compensate for the damages. The Defendant entered into a combined feed transportation contract with the non-party company’s driver and entrusted the transportation of mixed feed.

B. The accident occurred during the mixed feed input for transport 1) Nonparty B and Nonparty C (hereinafter “victim”) who are drivers of Nonparty Company.

On February 19, 2014: around 20, the Defendant’s mixed feed factory located in the Taedong-gu, Daegubuk-gu (hereinafter “instant factory”) shall be limited to the instant factory.

(B) In the above case, the Plaintiff driven the Plaintiff’s vehicle, and the victim took feed into the tank of the Plaintiff’s vehicle. (2) The feed injecting the Plaintiff’s vehicle into the tank is to enter the outlet of the pipe installed on the tent of the instant plant and the feed from the outlet of the Plaintiff’s tank in line with the location of injecting the upper part of the tank of the instant plant.

3) At the time, the victim was going up to the tank of the Plaintiff vehicle and was trying to injecting feed. The above B continued to turn back and back the vehicle for the purpose of coordinating the location of the discharge outlet and injecting outlet. However, B did not make a departure signal in advance to the victim while moving the Plaintiff vehicle for the purpose of coordinating the location of the discharge outlet and injecting outlet. Accordingly, the victim fells down on the rear floor of the Plaintiff vehicle without the centering on body at the end of the vehicle. Then, during the course of moving back of the Plaintiff vehicle, the victim faces the head on the rear part of the Plaintiff vehicle, and the part of the body between the bottom of the vehicle and the bottom of the vehicle (hereinafter referred to as the “accident in this case”).

(4) The victim of the instant accident is the body of the bones of head and the bones of face.

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