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(영문) 제주지방법원 2015.12.18 2014가단3558

공제금

Text

1. The Defendant: 15,302,60 won to Plaintiff A and 5% per annum from September 6, 2011 to March 25, 2014; and

Reasons

1. Basic facts

A. Plaintiff A is a person arranged for cargo transport to Samyang Enterprises Co., Ltd. (hereinafter “Tyang Enterprises”) and Yangyang Trade Co., Ltd. (hereinafter “Tyang Trade”), through Samyang Industries Co., Ltd. (hereinafter “Tyang”). Plaintiff A is a member of the Defendant who is engaged in Samyang Industries, Plaintiff Taeyang Shipping, Plaintiff Daeyang Shipping, etc., and the Defendant is a corporation that entered into a contract for the deduction of cargo liability with the aforementioned members.

B. The Defendant entered into a mutual aid agreement for cargo liability with members, such as three enterprises, as follows:

1) Type of a mutual aid contract for trucking transport risk: The maximum compensation amount for one year from June 8, 201 to June 8, 2012: 50,000 won per accident: A vehicle which has subscribed to a mutual aid contract for trucking transport risk: the maximum compensation amount for one year from October 31, 2010 to October 31, 201: the maximum compensation amount for 50 million won per accident: the maximum compensation amount for trucking transport risk mutual aid contract for one year from October 31, 201 to October 31, 201: the maximum compensation amount for 10,000 won per accident: D vehicle: the maximum compensation amount for trucking transport risk mutual aid contract for one million won: from August 29, 201 to June 29, 2011: the maximum compensation amount for 10,000 won per accident: the maximum compensation amount for one million won per accident: the Plaintiff’s mutual aid contract for 201.

C. The main terms and conditions applied to each of the above cargo liability mutual aid agreements are as follows:

I. General Provisions (Resolution of the Company for Claim for Damages) (1) If a partner is liable for damages to the injured party, the injured party may directly claim the partnership for the payment of the mutual-aid money to the extent that the partnership is liable to pay the amount under the terms and conditions.

However, the Union shall provide its members with respect to its accidents.