손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a public institution that is established by the Korea Railroad Corporation Act and carries on a metropolitan railroad business, etc., and the Defendant is a company that carries on a railroad transport business, etc. by using a vehicle that is transferred to the Plaintiff’s chassis, not a private car owner.
B. Around December 2007, the Plaintiff provided the Plaintiff’s engine vehicle on the Plaintiff’s line so that the Plaintiff operated 80 U.S. car for the Defendant’s cargo transport, and entered into a private-commercial transport contract with the Defendant (hereinafter “instant transport contract”). Under the said transport contract, the Defendant, from around December 2007 to around December, 207, transported the freight using the Defendant’s freight vehicle on the Plaintiff’s line.
C. The main contents of the instant transport contract are as follows.
Article 8 (Maintenance and Repair) (1) The management, operation, inspection, and repair of private cars shall be carried out at the expense of the defendant by the plaintiff or the company approved by the plaintiff.
(2) Inspection and repair under paragraph (1) shall be governed by the Plaintiff’s “Rules on Handling, Maintenance and Repair of Private Vehicles”.
Article 10 (Indemnification) When damage to the plaintiff's facilities, equipment, other cargo, etc. is incurred due to the defendant's responsibility for the operation of the private car, the defendant shall be liable for the damage.
The Defendant-owned A cargo train (the cargo train was connected to one of the diesel engines, which are the power-driven vehicles owned by the Plaintiff; hereinafter “instantized vehicle”) operated at a speed of 85 km/h (limited speed 90km/h) from the following mountain stations at a point of approximately 3.28 km away from the following mountain stations to the right side of the train, on February 9, 2013, at about 18:14, in the direction of the train in the direction of the yellow light located at the Chang-si, Chang-si, the Chang-si, the Chang-si (hereinafter “instantized vehicle”).