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(영문) 서울중앙지방법원 2020.09.16 2019가단5124928
구상금
Text

The Defendants jointly share KRW 15,505,910 with respect to the Plaintiff as well as KRW 5% per annum from May 18, 2019 to September 16, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff, a corporation operating a motor vehicle mutual aid business, concluded a mutual aid agreement (hereinafter “instant mutual aid agreement”) with a limited liability company G on H cargo vehicles (hereinafter “Plaintiff vehicle”).

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into an entrustment management contract with Defendant F with respect to an I Track vehicle (hereinafter “Defendant Tracker”), and is managing and operating the said Tracker by receiving monthly entrusted management expenses from Defendant F, and the Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into a truck management contract with Defendant F with respect to the vehicle of J Tracler (hereinafter “Defendant Tra”), and receives monthly entrusted management expenses from Defendant F and manages and operates the Defendant Tracler.

On the other hand, Defendant F is employing Defendant D and carrying on transportation business transporting freight by linking Defendant Twitler to Defendant Twitter.

C. At around 02:30 on July 27, 2018, Defendant D linked Defendant Tracker to Defendant Track for the transport of alternative distribution goods to the L Terminal, Defendant D divided Tracker from the Twitter and parked Defendant Tracker in the reverse direction on the one-lane side of the road in front of the Yancheon-gun, YYM (hereinafter “instant accident site”).

N around 02:30 on July 27, 2018, when driving the Plaintiff’s vehicle and driving the instant accident site, there was an accident that shocks the Defendant’s Tracler parked on the right side of the front bank. Accordingly, the Plaintiff’s vehicle and the Defendant Tracler caused a fire, resulting in a loss equivalent to KRW 15,059,103 in total.

(hereinafter referred to as “instant accident”). E.m.,

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