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(영문) 부산지방법원 2020.02.13 2019가단327133
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around November 2014, the Defendant was awarded a contract for the manufacture and supply of steel in Vietnam’s “E projects” with C Co., Ltd. (hereinafter “D”), and then subcontracted part of the steel frame production and packing work to F Co., Ltd. at that time.

On November 2014, the Defendant entered into a contract with G Company on the transportation of steel structures, such as H-BAM, the Defendant contracted with D, and thereafter, G entered into a subcontract for the said transportation services with H, and the Plaintiff entered into a subcontract for the said transportation services in the order of priority from H, respectively.

F, upon receiving a subcontract from the Defendant for the manufacture of part of the steel structure and the stalking business, the F produced steel structure such as H-BEAM at a factory of J, Inc., Ltd., I located in Gyeongnam Development-gun, and ordered K Co., Ltd., a packing business entity, to engage in the stalking business such as the stalking of the structure and the stalking.

On November 26, 2014, the Plaintiff instructed L, a driver affiliated with the Plaintiff, to transport H-BEAM (hereinafter referred to as “instant cargo”) from the factory of J, Inc., which is located in Gyeongnam-gun, J to the New Line of Nam-gu, Busan (hereinafter referred to as “instant truck”).

L, on November 26, 2014, after loading empty containers to the instant vehicle and moving to the above cultivation factory, he received the instant cargo from KK Co., Ltd., which was awarded a contract for the business, such as the upper car and the landing of the instant cargo, and started the instant vehicle to the Busan New Line Port by driving the instant vehicle. At around 11:00 on the same day, an accident occurred while the instant vehicle was being driven along the access road to the Busan Sea from the artificial property stamp to the Busan Sea.

(hereinafter “instant accident”). On April 30, 2015, the Plaintiff filed a lawsuit against G with Busan District Court 2015Gahap3399 to the effect that the Plaintiff is not responsible for the instant accident, and G is on October 19, 2015.

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