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(영문) 대구지방법원 2017.05.24 2016나303701
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 4, 2010, the Plaintiff entered into a contract with the Defendant for the production and installation of presses machinery (T/DPRES LINE) at the factory of the Defendant and China limited liability company (hereinafter “C”). Of the above contracts, the content of the instant case is as listed in attached Table 1.

B. In accordance with the above contract, the Defendant manufactured and installed a one-lane press machine around May 2010 at the workplace of C, and manufactured and installed eight-lane press machine on August 13, 201, and completed the trial operation from August 14, 2011 to the 17th day of the same month.

C. On July 5, 2012, C’s worker D (hereinafter “victim”) suffered an accident (hereinafter “instant accident”) that cut off four fingers (e.g., recognition, suspension, powder, possession) on the right hand while working with the press machine installed by the Defendant (hereinafter “instant press machine”).

The instant accident occurred due to the wind that 1/2 of the 1 administrative work, even though the press machine of this case must operate the safety 1 administrative work.

C On August 31, 2014, under the premise that the Defendant who manufactured and installed the press machinery of this case by paying the damages to the victims due to the instant accident, acquired the right to indemnity against the Defendant, the said claim for indemnity was transferred to the Plaintiff on August 31, 2014, and on September 16, 2014, the said notification was delivered to the Defendant around that time by notifying the Defendant of the said assignment of claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, evidence 40, 42 (including each number), F of the first instance trial witness, H's testimony, testimony of the first instance trial and the first instance trial witness E, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination on this safety defense

A. The instant defense C is unlawful as it constitutes a litigation trust, since it solely transfers the Plaintiff’s claim solely to conduct procedural acts. Thus, the instant lawsuit filed by the Plaintiff as the assignee of the claim is unlawful.

(b) judgment;

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