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(영문) 대구고등법원 2018.05.02 2017나25421

손해배상(기)

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. Basic facts

A. The Plaintiff is a company running helicopters transport business, etc., and the Defendant (hereinafter “Defendant Company”) is a company running trucking transport business, etc., and A is a new frequency truck B (hereinafter “instant vehicle”) entering the Defendant Company and operating the instant vehicle.

B. The Plaintiff entered into an aircraft insurance contract (building insurance) with Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “the Plaintiff”) and the said helicopters as the subject matter of insurance, with the maximum amount of compensation of which is KRW 3,465,00,000, the amount of deduction of which is 5% of the gaseous agreement value as KRW 173,250,000, which covers the physical loss or damage of the gases of the said helicopters, and the Defendant Company entered into an aircraft insurance contract (building insurance) with the Samsung Fire Marine Insurance Co., Ltd. (hereinafter “the Defendant”) with respect to the instant vehicle.

C. On July 8, 2014, the instant helicopter was living in the direction of the weather deterioration at the 4th section office site of the E company located in C in C in C in C. On the same day at around 14:20 of the same day, A used materials for the construction on the said construction site and operated the instant vehicle to drive the instant vehicle to the right side of the said helicopters, which was attached to the front section of the said vehicle’s left part of the said vehicle (hereinafter “the instant accident”). The instant helicopter caused an accident (hereinafter “the instant accident”).

At the time, a steel sloping bridge installed on the left side of the instant vehicle, which shocked the said helicopters, was protruding about about 50 cm from the vehicle, but this constitutes an illegal attachment, as it exceeds the permissible value prescribed in the attached Table 33 of the Rules on the Performance and Functions of Motor Vehicle and Parts.