손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 21, 2013, Co., Ltd. entered into a motor vehicle mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant on the motor vehicle truck of 25 tons (hereinafter “instant cargo truck”) as indicated in the attached Form.
B. According to Article 3 of the automobile mutual aid agreement of the instant mutual aid agreement, “The Defendant shall compensate for damages sustained by a partner from being liable for damage under Article 3 of the Guarantee of Automobile Accident Compensation Act due to the death or injury of another person due to the operation of an automobile of a mutual aid agreement.” According to Article 6, “The Defendant shall compensate for damages (limited to damages exceeding the damages to be compensated under the Personal Compensation I Act) caused by the death or injury of another person due to the accident of an automobile of a mutual aid agreement occurred while a partner owns, uses, or manages an automobile of a mutual aid agreement.”
C. On April 23, 2014, the Plaintiff: (a) around 21:14, at Taenam-gun, Chungcheongnam-gun, Taenam-gun, for the instant cargo vehicle’s cargo fastening work, the Plaintiff sustained injury, such as vaddropothal dyeing and mathing down the instant cargo vehicle, along with E, the driver of the instant cargo vehicle, who is the seat of the instant cargo vehicle, in order to stop at the cargo vehicle D factories located in Chungcheongnam-gun, Chungcheongnam-gun, Taenam-gun, for the cargo fastening work of the instant cargo vehicle; (b) while carrying the cargo loaded above the instant cargo vehicle onto the cargo loaded,
(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff’s assertion 1 is that the instant accident occurred due to the operation of a mutual-aid contract under Article 3 of the instant mutual-aid agreement, and thus, the liability for damages under Article 3 of the Guarantee of Automobile Accident Compensation Act.