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(영문) 전주지방법원 2020.05.14 2019나3984

손해배상(기)

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. Summary of the parties' arguments

A. On November 8, 2018, the Plaintiff agreed with the Defendant as a driver of trucking 3.5 tons of cargo vehicles, to transport boilers from the Sinsan to the following mountain: (a) was examined by the Plaintiff at the entrance of the YE CG at the Sinsan-si, the Plaintiff: (b) tried to remove the boilers; and (c) was examined by the Defendant’s hand, who tried to get out of the said cargo vehicle when loaded the said vehicle; (d) on the wind that the Defendant opened without locking the safety and height of the vehicle’s load, and (e) was caused an accident that the Plaintiff fell off to the boundary of the road (hereinafter “instant accident”).

The Plaintiff paid KRW 400,000 of hospital expenses to the Plaintiff, including being hospitalized in the bones of the instant accident (hereinafter “the instant injury”) for two weeks, and incurred a business loss of KRW 6.1 million by November 2018, since it was difficult to do so by the end of November, 2018, and thus, the Defendant is liable to compensate the Plaintiff for damages totaling KRW 7 million by adding the consolation money to the amount of the said property damage.

B. Opening and closing the loading of the Defendant truck is the original obligation of the borrower, and the Plaintiff was in good faith to load and load the instant vehicle with the Defendant at the loading and anchoring of the instant vehicle. The instant accident was merely due to the Plaintiff’s neglect of his duty of care, and there was no fault on the part of the Defendant.

2. The fact that there is no dispute over the judgment, and according to the purport of Gap evidence No. 1 and the entire pleadings, the plaintiff transported boiler her boiler to the defendant on Nov. 8, 2018. The plaintiff arrived at the entrance of the Cmiddle School and tried to open a door door of the driver’s seat on the side of the loading box and set up two her front door on the right side of the cargo vehicle approaching the other vehicle, but the plaintiff opened two her own door on the wind approaching the other vehicle approaching the vehicle. The plaintiff fells below the driver’s seat of the loading box, and the defendant unloaded the above her each in the course of loading and unloading the hot water.