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(영문) 대구지방법원 2017.10.19 2015가합206052

손해배상(기)

Text

1. The Defendants jointly share KRW 136,918,530 with respect to the Plaintiff and the period from July 8, 2014 to October 19, 2017.

Reasons

1. Basic facts

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

B. The Plaintiff concluded an aircraft insurance contract (building insurance) with the Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “the Plaintiff”) and the said helicopters as the subject matter of insurance, with the maximum amount of indemnity of 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, with respect to KA-32A (registered mark: C; hereinafter “the instant helicopters”), and the Defendant Co., Ltd. entered into an insurance contract with the Samsung Fire Insurance Co., Ltd. (hereinafter “the Defendant”) for the instant vehicle as the cargo and special automobile insurance contract.

C. On July 8, 2014, the instant helicopter was mooring at the 4th section of the office site of the E company located in C in C in C in C in C in C. On the same day, at around 14:20 of the same day, Defendant A used materials for the construction work at the said construction site and operated the instant vehicle to drive the instant vehicle into the right side of the said helicopters, and caused an accident (hereinafter “the instant accident”).

The steel ladders installed on the left side of the instant vehicle, which shocked the said helicopters at the time, is protruding about about 50 cm from the vehicle, and exceeds the permissible value prescribed in the attached Table 33 of the Rules on the Performance and Functions of Motor Vehicles and Parts.