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(영문) 서울남부지방법원 2014.01.16 2012가단211916

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 35,318,240 won and the period from December 22, 2010 to January 16, 2014.

Reasons

1. Basic facts

A. (1) The Plaintiff is a corporation entrusted with industrial accident compensation insurance business by the Minister of Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

(2) Defendant 2 Bo high-speed Tourism Tour Co., Ltd. (hereinafter “Defendant tour Tour Co., Ltd.”) is the owner of B Bus (hereinafter “AW”) and Defendant A is the driver of the LWW, who is an employee of the Defendant Tour Co., Ltd., and the Korean Federation of Bus Transport Services (hereinafter “Defendant Federation”) is the insurer who entered into a comprehensive deduction agreement for the LWWC between the Defendant Company and the Defendant Company.

B. On June 26, 2009, the Defendant tourer Co., Ltd. (hereinafter “C”) concluded a transportation service consignment agreement (hereinafter “instant consignment agreement”) with the Defendant tourer on the following terms: (a) the Defendant tourer (hereinafter “C”) signed a transportation service consignment agreement with the Defendant tourer (hereinafter “instant consignment agreement”) stating that the Defendant tourer would post 45 passenger buses and drivers to ensure that the employees and employees belonging to C can use them for commuting transport and general transport (hereinafter “instant consignment agreement”).

(2) Specific contents of the instant consignment contract are as follows.

(hereinafter referred to as “A” is C, and “B” is referred to as the Defendant travel agent. The purpose of this Agreement is to entrust Party A with the transportation of commuting to and from work and general transportation, and to perform them in good faith and to provide Party B with the convenience of transportation of officers and employees by promoting the provision of optimal services and safe operation.

Article 3 (Term of Contract) The term of this Agreement shall be from June 25, 2009 to June 24, 2010.

Article 5 (Operation of Vehicles) (1) For safe operation, Eul shall observe the maintenance of vehicles, clean maintenance, driver's uniforms, kind service, traffic regulations, prevent accidents, endeavor to prevent accidents, and make every effort to promote kind service so that there is no dispute with Gap's employees.

(3) The starting time, stopping place and detailed route of vehicles shall be determined by A, and B shall be done voluntarily.