손해배상(자)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Occurrence of liability for damages;
A. 1) On July 3, 2010, the Plaintiff is the E-vehicle operated by D within the CM in the case of Pakistan around 10:16 on July 3, 2010 (hereinafter “Defendant vehicle”).
) The Plaintiff was engaged in the work of loading and unloading goods by removing goods from the Defendant vehicle. D was engaged in the work of loading and unloading goods by loading and unloading goods. Although the lending and borrowing of the goods in which the goods are loaded should move the goods of the Defendant vehicle after completely fixing them on the Defendant vehicle, the lending and borrowing of the Defendant vehicle would cut off from the lifts, and the Plaintiff, who was engaged in loading and unloading of the goods above the lifts, was also suffering from the injury, such as subconsing the right-hand balance, the left-hand aggregate, etc. (hereinafter referred to as “instant accident”).
(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the above facts of recognition, unless there are special circumstances, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case.
2. Whether extinctive prescription for the right to claim damages expires;
A. As to the defendant's assertion, the defendant's direct right to claim against the defendant under Article 724 (2) of the Commercial Act is the insurer's right to claim damages jointly and severally against the insured's obligation to compensate for damages. Thus, the three-year short-term extinctive prescription under Article 766 (1) of the Civil Act is applied. The plaintiff's right to claim damages has already expired three years prior to March 10, 2014, which is the date of filing the lawsuit in this case.
B. Article 724(2) of the Commercial Act provides that in liability insurance, a third party, the injured party, may directly claim the insurer for compensation for damages caused by an accident attributable to the insured, within the scope of the insured amount.