손해배상(기)
1. The judgment of the court of first instance is modified as follows.
Among the lawsuits of this case, the facilities shall be installed due to emergency restoration work.
1. Facts recognized;
A. The status of a party is a corporation established by the Korea Railroad Corporation Act to provide railroad services, and the defendant is a cargo train, not owned by the plaintiff, and is incorporated into the plaintiff's chassis. The purpose of this is to provide cargo transportation services, etc. using the train.
B. Article 1 (Purpose) of the Transport Contract between the Plaintiff and the Defendant provides a roof installed to prevent the entry of the Defendant’s lucopic car or snow into the lucopic car.
The purpose of 80 is to carry 80 tons on the Plaintiff’s track for the transportation of cargo from the Defendant.
Article 2 (Term of Validity of this Agreement) The term of validity of this Agreement shall be from December 10, 2007 to December 31, 2007.
Provided, That where there is no application for cancellation one month before the expiration of the period from the defendant, the validity shall be extended for one year thereafter.
The same shall also apply thereafter.
Articles 3 through 7 (Omission of Maintenance and Repair) (1) The management, operation, inspection, and repair of private cars shall be carried out at the expense of the defendant, in respect of the enterprise which is supported by the plaintiff or the plaintiff.
Provided, That matters otherwise provided for in other Acts shall be governed by such Acts.
(2) The inspection and repair under paragraph (1) shall be governed by the Plaintiff’s Regulations on Handling, Maintenance and Repair of Private Vehicles.
Article 9 (Omission) Where any damage has occurred to the plaintiff's facilities, equipment, other cargo, etc. on the responsibility of the defendant in the operation of a privateized motor vehicle under Article 10, the defendant shall be liable for damage.
- From December 17, 2007, the Plaintiff entered into a contract of private transport with the Defendant (hereinafter “instant contract”) with the following terms and conditions.
C. (1) On February 9, 2013, the Plaintiff owned A cargo trains (from next to next to to next to to next to referred to as “the instant freight trains”) to be operated from the Taeyang-dong's Taeyang-si to the king-si's offline in accordance with the instant transport contract.