구상금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The defendant's main defense against the defendant's main defense is defense that the plaintiff has no standing to institute a lawsuit against the defendant. However, in the lawsuit for performance, the plaintiff's standing to institute a lawsuit against the defendant is a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and the existence of the right to demand performance is a matter to be proved by the deliberation of the main defense (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The main defense
2. Facts of recognition;
A. The plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with the aforementioned company with respect to A (number B), Jindo b), Jindo b, which is owned by the said company (hereinafter "the instant household") from January 6, 2005 to January 10, 2006, and the defendant (person who is a stock company prior to the change) is the employer of C who suffered injury with the instant household cab.
B. Around 16:20 on June 22, 2005, D driving the instant Maritime Vehicle, and driving a four-lane road in front of the additional rating water tank located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, along the four-lane road from the side of the North Korean fire fighting unit to the side of the additional human body.
C At the time, while carrying freight cars owned by the Defendant (hereinafter “Defendant vehicles”) which were stopped at the temporary bus stops along the four-lane edges of the above road, was sealed down on the upper side of the road while melting the melting the melting system necessary for the coloring operation of the vehicle. At the time, D was not driven at sufficient intervals from the Defendant vehicles, due to negligence, C was faced with C’s face at the right side of the instant melting vehicle.
As a result, C was killed in the road on board the Defendant vehicle, and suffered from injuries, such as double alleys, strekes, and strekes under strekes.
(hereinafter referred to as “instant accident”). C.
The Plaintiff, as a mutual aid business entity for the instant sea-going vehicle, treated C and its treatment from September 12, 2005 to October 23, 2007.