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. (1) The Plaintiff was a co-defendant of the instant case on November 13, 2017, by entering into a contract with the Plaintiff for the treatment of sludge generated in the process of sewage treatment (hereinafter “instant facilities”) in order to treat the sludge voluntarily, and the Plaintiff was a co-defendant of the instant case on November 13, 2017.
D (the decision of November 6, 2020 to recommend reconciliation) has been in charge of the trial operation of the facility of this case.
2) Meanwhile, on December 30, 2016, the Plaintiff entered into a contract for transportation of sewage sludge in 2017 with the joint Defendant E Co., Ltd. (E (hereinafter “E”), which was the joint Defendant of the instant case, to transport sludge generated from the Plaintiff’s public sewage treatment plant to the Seoul Metropolitan area reclaimed land and private disposal company (hereinafter “E”), and the Plaintiff. D is an employee of E, who reported to the Plaintiff as the on-site warden related to the above transportation service contract on December 29, 2017.
3) D) On November 13, 2017, for operating the instant facilities around November 13, 2017, D is the F Co., Ltd. F (hereinafter “F”) that was the joint defendant of this case, who was not a motor vehicle owned by D, as its representative director.
On November 6, 2020, when operating a large-scale roller truck (hereinafter “instant vehicle”) in the instant facility, an accident occurred in which the strawls of the instant vehicle fells into the instant equipment and the storage tank, etc. of the instant equipment was destroyed (hereinafter “instant accident”). B. The Defendant’s payment of insurance money to the instant vehicle (i) the insured is the insurer of the automobile insurance contract (hereinafter “the instant insurance contract”) which was concluded with the driver as “any person aged 26 years or older” under the special terms and conditions, with respect to the instant vehicle up to KRW 20 million per accident.
2) The Plaintiff, the Defendant, etc., caused the instant accident to November 13, 2017 to January 8, 2018.