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(영문) 서울중앙지방법원 2016.07.28 2016나6032
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain concerning this case are (1) above the third to the third to the third to the third to the third to the next 2. A.

(2) above the third to the third to the third to the third in the fifth in the judgment of the court of first instance, the second to the second in the following 2.B.

In addition to those used as mentioned in the same paragraph, it is the same as the reasoning of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Even if the liability for damages under Article 3 of the Guarantee of Automobile Accident Compensation Act is not recognized, the driver E of the instant truck was engaged in the work of covering the instant truck with the Plaintiff on the cargo loaded in the instant truck, and thus, the Plaintiff was obligated to pay attention not to fall on the cargo loaded in a high level, despite the fact that the Plaintiff had a duty to do so with the Plaintiff at the rear edge of the cargo loaded in the instant truck, and the Plaintiff was engaged in the work facing each other while going through opposite to the Plaintiff, and caused the Plaintiff to suffer injury of the throthral thral he was down to the rear edge of the instant truck. As such, the instant accident caused by the Plaintiff’s breach of the duty of care to the Plaintiff, which is an illegal act, can be deemed to be “the occurrence of the accident of a mutual aid contract occurred during the possession, use, and management of the automobile under the mutual aid agreement, and the Defendant is obligated to pay the claim amount to the Plaintiff under Article 6 of the Terms and Conditions for Mutual Aid Agreement

(2)(b).

However, even according to the images of Gap evidence 3 and 10 (including the paper numbers), as alleged by the plaintiff, Eul set up a cover of the cargo loaded in the cargo of this case with the plaintiff on the cargo of this case, and thereby the plaintiff fell down below the cargo of this case.

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