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(영문) 창원지방법원진주지원 2019.04.16 2018가단39705

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. The Plaintiff, a company running an engineering work business, is the owner of C25 tons dump truck (hereinafter “instant vehicle”), and the Defendant was employed by the Plaintiff as a policeman on July 2018, and was driving the instant vehicle to return it to and from the D garage, tinsan, and construction site at the Jinju-si.

B. On November 21, 2018, the Defendant: (a) driven the instant vehicle at the construction site located in Gyeongnam-gun, Gyeongnam-gun; (b) unloaded the stone at the construction site located in Gyeongnam-Gun E; and (c) was proceeding in the direction of driving national highways (second line) located in the same military forces to return to Jinju; (d) stopped following the shocking direction to the right side of the running direction and the telegraph.

As a result, the front side and the right side of the instant vehicle were severely damaged.

(hereinafter “instant traffic accident”). C.

In the process of repairing the instant vehicle, the Plaintiff spent 26,849,000 won in total as repair cost, 6 million won in the cost of borrowing and lending (20 days in the repair period x 300,000 won per day), and 1.20,000 won in total for the purchase cost of repair parts.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 12, Eul evidence 1, 2 and 6 (including additional numbers), and the whole purport of oral argument]

2. The assertion and judgment

A. (1) The Plaintiff paid 34,769,00 won in total (26,849,000 won in the loan of 6,00 won in the repair part) due to the instant traffic accident that occurred due to the Defendant’s side-based care, such as the driving of the Plaintiff, etc., and the Defendant is liable to compensate the Plaintiff for the said money and the damages for delay.

(2) The instant traffic accident by the Defendant, who carried out the Plaintiff’s excessive work instruction, was caused by the Defendant’s imminent accident by telephone with the Plaintiff and his customer during the course of performing his duties, and was in a state of defect in the brake system, etc. on the said vehicle at that time. Therefore, the Plaintiff (employer) who was responsible for the said accident is an employee.