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(영문) 서울중앙지방법원 2020.01.16 2018가단5247701

보험금 지급 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2014, the Plaintiff entered into a transportation consignment contract with C (hereinafter “C”) around June 1, 2014. On January 1, 2017, the Plaintiff entered into a contract with D (hereinafter “D”) with regard to the upper and lower business.

Article 2 [Terms and Scope of Contracts]

1. D shall perform all the duties related to the difference, difference, and classification of the Plaintiff’s handled cargo (hereinafter “contract duties”), and the Plaintiff shall pay the price for the work (hereinafter “contract price”).

2. The term "contract service" means the service of borrowing goods on board at the Plaintiff's terminal, the service of loading out goods, the service of loading out of the terminal, and the service of classifying them, and the service of computer processing and all other services related to terminals;

Article 5 [Location and Place of Contract Work]

1. D is the Plaintiff’s F in the place where D will perform the contracted work under this Agreement (K).

B. On September 12, 2017, the Plaintiff requested C to transport the cargo indicated in the attached Form (hereinafter “instant cargo”). C entered into a transport contract with G Co., Ltd. (hereinafter “G”) with respect to the instant cargo (hereinafter “instant transport contract”) verbally and requested the carriage.

C. On September 13, 2017, in order to transport the instant cargo, H, a branch owner and driver of G, according to the instant transport contract, parked an I 14 tons Hyundai Ski Truck in the name of G (hereinafter “instant vehicle”) in the Dok, Hanam-si, Hanam-si around 00:23, in order to transport the instant cargo, and was waiting to lay off the instant cargo while driving the instant cargo.

four workers, who are employees of D, are connected to rollerererer to the loading box of the instant vehicle, and two workers, who are sealed by loading the cargo on the above consortium, and two workers who were on loading the cargo.