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(영문) 부산지방법원 서부지원 2018.12.12 2018가단103226
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 9, 2014, in order to load a container at around 18:50 on December 9, 2014, the Plaintiff stopped a container transporter (E; hereinafter “Plaintiff Trler”) at the location D located in Gangseo-gu Busan Metropolitan City.

B. After that, Crain Pilot G, affiliated with F Co., Ltd. (hereinafter “F Co., Ltd.”), performed the operation of Crain G of carrying containers on Plaintiff Crainler.

C. The pilot G re-enters the container as it was impossible for the Plaintiff Trler to have the container installed at once during the above work process, and the Plaintiff Trler and the container were put into the container.

On the other hand, the Plaintiff was able to observe the aforementioned loading work process on the Plaintiff’s side. However, the Plaintiff was faced with the injury, such as the left-hand pelle of the left-hand pelle, etc. (hereinafter “instant accident”), which the Plaintiff, who was next to the Plaintiff’s wife, was able to rapidly see the Plaintiff’s play along with the container, and then she was driven by the Plaintiff, who was driving by H (I; hereinafter “instant peller”) on the side of the said leper (hereinafter “instant accident”).

E. The Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with the instant scraper.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 5 (including paper numbers) and the purport of the whole pleadings

2. The Plaintiff’s assertion argues that “The instant accident occurred by negligence while H violated the speed limit at the time of the instant accident and neglecting his duty at the time of the instant accident. Therefore, the Defendant, who entered into a motor vehicle mutual aid agreement with respect to the instant Traler, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.” However, according to the following circumstances acknowledged by adding the above evidence and the purport of the entire pleadings to the entries in No. 5.

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