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(영문) 서울중앙지방법원 2015.06.05 2014나58428

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 9:

(1) On August 1, 2010, the Plaintiff is a Samsung Electronic Co., Ltd. (hereinafter “ Samsung Electronic”) around August 1, 2010.

(2) The term “instant insurance contract” (hereinafter referred to as the “instant insurance contract”) is as follows:

The name of the insurance contract is the insurer that entered into an insurance contract. The PACKGE (GL insurance period: from August 1, 2010 to August 1, 201, from 00:0:0:0 to 001:00:00: Samsung Electronic Security: employer’s liability security (the insured’s liability to compensate for the injury and disease caused by an accident that occurs in employing workers, and the law that is due to the death of the insured, 30,000,000, the maximum amount of compensation per accident, and 1,000,000,000,000,000,000) is the owner of the bus (hereinafter referred to as the “victim”) and the employer of A, and the Defendant National Federation of Bus Urban Transport Business Association (hereinafter referred to as the “Defendant Federation”) is the insurer who entered into a comprehensive mutual aid agreement with the Defendant Company.

B. On February 26, 2010, Samsung Electronic Co., Ltd. entered into an entrustment contract with the Defendant Company on February 26, 2010, with a view to: (a) the Defendant Company placed 45 passengers and drivers for commuting to and from work of its officers and employees; and (b) the Defendant Company is obliged to pay the price for commuting vehicles services (hereinafter the instant entrustment contract).

(2) The details of the instant consignment contract are as follows.

(hereinafter referred to as “A” refers to the Defendant Company “B”. Article 1 (Purpose of the Contract) “A” entrusts B with the operation and management of commuting vehicles to and from the workplace at the said workplace, and “B” faithfully performs its duties, thereby promoting the provision of optimal services and safe operation, and to and from work for officers and employees.