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(영문) 서울남부지방법원 2015.01.29 2014가합9459
손해배상(기)
Text

1. The Defendant: (a) KRW 282,749,051 to the Plaintiff; and (b) KRW 5% per annum from January 7, 2011 to January 29, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) The Plaintiff is a cargo vehicle C 16.5 tons of freight (hereinafter “instant cargo vehicle”) that is entering and operating with a public transportation company.

The Plaintiff is the actual owner and the driver of the instant truck. From October 2008, the Plaintiff was working for transporting the Defendant’s cargo using the instant truck. The Plaintiff did not prepare a cargo transport contract with the Defendant. (2) On January 7, 2011, at the request of the Defendant, transported the pipe freight from Incheon port, arrived at the Defendant’s cargo loading station located in Jung-gu Incheon, Jung-gu, and the Defendant’s employees E, etc. had been working for loading and unloading of the instant truck at a height of about 3 meters, up to which the Defendant’s employees E, etc. had worked for loading and unloading of the instant truck, which connects the cargo to the string string of the cargo, thereby causing damage to the instant truck (hereinafter “instant accident”).

3) Although the Plaintiff did not apply the Defendant’s rules of employment, service rules, and personnel regulations, the Plaintiff left a place of work for the Defendant’s business hours, parked in the Defendant’s parking lot and waiting in the waiting room, and carried out the freight transport by obtaining specific instructions from the Defendant, such as the place and time of the freight transport, and obtained the Defendant’s permission to commission another person to carry out the freight transport as an agent or transport the freight of another company. The Plaintiff was also liable for the costs of the vehicle related to the freight transport, such as the cost of management and repair of the instant truck. 4) On the completion of the freight loading on the Defendant’s vehicle, the borrower, including the Plaintiff, was able to set the freight loaded on the Defendant’s vehicle by using the string or packing, and was forced to arrive at the place of the freight loading and unloading.

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