beta
(영문) 부산지방법원 2015.09.25 2014나46348

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established by the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and engaged in the industrial accident compensation insurance business under the entrustment of the Minister of Employment and Labor. The Defendant is a mutual aid business operator who entered into a comprehensive motor vehicle mutual aid agreement with the Dongjin Tourism Co., Ltd. (hereinafter “Dongjin Tourism”) which is the owner of the bus A (hereinafter “Dajin Tourism”).

B. On September 30, 2010, Jin-dong Tourism entered into a lease agreement on the instant Maritime Vehicle (hereinafter “instant contract”) with SP Shipbuilding Co., Ltd. (hereinafter “SP Shipbuilding”) for the relocation to and departure from the office of its employees, and entered into a vehicle service contract with the following contents (hereinafter “instant contract”).

SP Shipbuilding (hereinafter referred to as "A") and Jinjin Tourism (hereinafter referred to as "B") shall enter into a vehicle service contract as follows:

Article 2 [Purpose of Contract] The purpose of the contract is to transport workers of the chartered bus “A” in kind and safely to the place designated by “A”.

Article 3 [Definition of Terms] (4) Workers means workers who work for a company (original office, partner, and related company) to which "A" belongs.

Article 6 [Amount of Service] (1) The amount of service (from one to the last day) shall be the attached reference (detailed details) and the payment shall be made on the 20th day of the following month.

2. The amount of the service mentioned above is the sum of all the expenses (such as oil expenses, liability insurance, commercial transport contract insurance, inspection expenses, repair expenses, replacement expenses, taxes and public charges, food expenses, etc.) for the vehicle operation of the “B”, and thus a separate claim from “A” may not be made.

Article 7 (Operation Rules) (7) The term "B" shall be fully restricted to the maintenance and management of vehicles so as not to cause any trouble to the business due to the breakdown of the vehicle.

(8) The term "B" shall be one of the vehicles managed and operated.