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(영문) 전주지방법원 2020.12.23 2018가합595
손해배상(기)
Text

1. The Defendants jointly share KRW 100,000,000 with the Plaintiff and Defendant B with respect thereto from December 23, 2017 to December 23, 2020.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply):

① On December 21, 2017, the Plaintiff purchased at KRW 90,000,00 from Nonparty D an exclusive compressed machine for the scrapping of automobiles (hereinafter “instant compressed machine”).

② The Plaintiff left Defendant C with transportation charge of KRW 3 million for the carriage of the compressed machines of this case to the Plaintiff’s business site located in Chungcheongnam-si, Chungcheongnam-si, the area of the D’s business site, and in order to transport the compressed machines of this case.

③ Defendant C subcontracted to Defendant B the instant compressed machines transport.

④ Defendant C confirmed in advance the weight, height, and width of the compressed machines of this case for the transport of the compressed machines of this case.

⑤ On December 23, 2017, Defendant B passed the bottom of a bridge in the military mountain direction, when transporting the instant compressed machine on the Ethical truck on December 23, 2017. At the time of mobile phone calls, Defendant B operated the instant truck in the direction of two-lanes where the height of the bridge was lower than that of the bridge while driving the instant truck (hereinafter “instant accident”).

2. Determination

A. According to the above facts finding that Defendant B is liable for damages, Defendant B is liable to compensate the Plaintiff for the damages caused by negligence. (2) As to the scope of damages that Defendant B is liable to compensate for to the Plaintiff due to a tort, the following circumstances that can be acknowledged by comprehensively considering the aforementioned evidence, witness F’s written testimony, and appraiser G’s appraisal result, i.e., ① the instant compression period is completely terminated and cannot be used any longer due to the instant accident.

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