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(영문) 서울중앙지방법원 2016.01.14 2015가합503198
구상금
Text

1. Defendant B’s KRW 188,108,062 and the Plaintiff’s annual rate from August 22, 2014 to June 20, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an organization established pursuant to Article 50 of the Trucking Transport Business Act that operates a motor vehicle mutual aid business for commercial trucks pursuant to Article 51 of the same Act, and the Defendant A is the owner of the D gas station located in Gwangju City (hereinafter “instant gas station”), and the Defendant B entered into a lease agreement with the Defendant A on the instant gas station.

B. From November 3, 2009 to November 2, 2010, the Plaintiff entered into a motor vehicle mutual aid agreement with the non-party special transport company for the E-vehicle owned by the special transport company for Do name.

C. On July 14, 2010, Nonparty F, the recipient of Nonparty F, a non-party company specialized in the name of Dokdong, performed the work of carrying gasoline on the vehicles E using Nonparty G, the employee of the instant gas station, and mobile pumps equipment at the instant gas station.

During the above work, F had a fire accident posing a oil vapor (hereinafter “instant accident”) for the smooth oil oil. G felled on the ground above the tank of the above vehicle and suffered heavy injuries, such as mination of the upper right frame, e.g., 2 degrees, and 3 degrees images, etc.

The instant accident is presumed to have occurred due to the inducement of the use of the mobile pumps facility not equipped with the contact facility or the generation of legacy by the small sprink.

E. The Plaintiff paid the G total of KRW 188,108,062 by August 21, 2014, under the name of medical expenses, etc.

[Ground of recognition] Facts without dispute, Gap 1 to 12 evidence, Eul 3 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. In full view of the reasoning of the judgment as to the claim against Defendant B, Gap evidence Nos. 1 to 12, Eul evidence No. 3, and the purport of the whole pleadings, the defendant Eul, who is the possessor, the owner, and the possessor of the mobile pumps facility of this case, is liable to compensate for damages caused by the tort against G, and ②.

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