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(영문) 광주지방법원 2019.01.09 2017가단22624
구상금
Text

1. The Defendant’s KRW 128,637,440 as well as 5% per annum from August 15, 2017 to January 9, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to D cargo trains owned by C (hereinafter, the Plaintiff’s vehicle) for a period from September 3, 2015 to September 3, 2016.

The defendant is a company that loads a vehicle to a ship in F located in Haung-gun E and that was engaged in loading and unloading of a vehicle loaded in G at the time of the accident (hereinafter referred to as the "accidented vessel").

B. On February 10, 2016, the accident ship that loaded the Plaintiff’s vehicle was anchored at night.

H, the driver of the Plaintiff’s vehicle, was waiting to leave the Plaintiff’s driver’s seat in the cargo column of the vessel involved in the accident, and started from the reception of the leavingr guide who led the Plaintiff to leave the vehicle from the rear side of the Plaintiff’s vehicle at around 20:40 on February 10, 2016.

C. H (hereinafter referred to as “victim”) took place a vehicle even if the loading and unloading worker I (hereinafter referred to as “the victim”) removed the steering gear of the vehicle in front of the head of the accident vehicle and did not deviate from the surrounding area of the vehicle, and went beyond the victim’s right edge with the front front of the vehicle.

(hereinafter referred to as "the accident in this case"). I suffered injury, such as mination and crushing in the brush of the brush in the brush. D.

The Plaintiff, as a mutual aid business entity for the vehicle involved in the accident, paid the victim the sum of KRW 257,274,880 [the sum of KRW 204,986,00 among them shall be agreed upon, and the mutual aid payment statement (A12), J Association, K, L, and Gwangju District Court shall not be recognized] by August 14, 2017.

(e) The accident vehicle is a large truck with a height of 6.5 ton of 3 3670m, a width of 2495m, and a length of 113506m.

[Reasons for Recognition] Each entry of Gap 1 through 6, 10, 14, 15, 16, 17 (including partial numbers), and the purport of the whole oral argument

2. Assertion and determination

A. The plaintiff's assertion that the accident in this case occurred by the negligence of the driver of the plaintiff's vehicle and the defendant's employee, and the plaintiff suffered from the negligence of the plaintiff's employee. The plaintiff's medical expenses and the agreed amount 257,751.

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