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(영문) 부산지방법원 2019.04.02 2017가단300530

손해배상(산)

Text

1. The Defendants jointly share KRW 975,458,614 to Plaintiff A, KRW 10,00,000 to Plaintiff B, and KRW 34,281,351 to Plaintiff C.

Reasons

1. Occurrence of liability for damages;

A. (1) On April 29, 2013, Plaintiff A entered Non-Party F Co., Ltd. (hereinafter “Non-Party F”) and was in charge of port inspection to verify the seals number of containers unloaded on the ship at the G Port Terminal and the malfunction of containers.

(2) On January 17, 2014, around 16:00, Plaintiff A was engaged in the work to verify the level of container loaded and unloaded at H adjacent to the landing area equipped with the vessel mooring facilities in G from G to H within the line of port No. 3, and thereby, Plaintiff A, an employee of Defendant E Co., Ltd. (hereinafter “Defendant E”), the managing team of Defendant E Co., Ltd. (hereinafter “Defendant D”), owned by Defendant D Co., Ltd. (hereinafter “Defendant D”), who was driven by Defendant D Co., Ltd. (hereinafter “Defendant D”), with the front 5 wheels of the equipment of transporting containers between the main vessel and the container terminal gate (hereinafter “instant car”). As a result, the Plaintiff suffered injury, such as sea damage, etc.

(3) Plaintiff B is the father of Plaintiff A, and Plaintiff C is the buyer of Plaintiff A.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2-1, 2-6, 2-8, 3-1, Eul evidence No. 2, witness K's testimony, the purport of the whole pleadings

B. According to the facts of recognition of liability, the instant accident occurred due to negligence on the part of the I, who failed to perform his duty of care in front of the instant capital driver.

The defendant E is the employer of I, and the defendant D is the owner of the Capital of this case and is jointly liable for the damages suffered by the plaintiffs due to the accident of this case.

(c) limitation of liability, provided that the plaintiff A, while conducting tallying operations at the container loading and unloading station, shall take into account the movement of glags, etc. and promote its own safety, and shall limit the defendants' liability to 70% in consideration of this point.

2. In principle, the period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and raw materials.