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1. The Defendant: (a) KRW 4,000,000 for the Plaintiff and 5% per annum from August 13, 2015 to January 31, 2018; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in the trade business of “D” located in Jung-gu Incheon Metropolitan City, and the Defendant is a person who engages in the cargo transport business with Ew high-class truck and one ton truck (hereinafter “instant truck”).
B. Around August 2015, the Plaintiff sold the diversology (hereinafter “instant machinery”) to Daesung Special Metal Co., Ltd. (hereinafter “Large Special Metal”), in KRW 40,000,00, and requested the Plaintiff to transport the said machinery to F.
C. On August 13, 2015, the Plaintiff entered into a transport contract requesting the Defendant to transport the instant machinery from H located in Kimpo-si G to F located in Incheon Dong-gu I. D.
On August 13, 2015, the Defendant: (a) loaded the instant machinery on the instant truck and arrived at F, which is a destination; and (b) laid down the instant machinery, and attached the said truck to the instant truck under the state of partitions, caused an accident (hereinafter referred to as “instant accident”) in which the said machinery was driven onto the ground and destroyed away from the ground.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 8, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. The plaintiff's assertion 1) The plaintiff's summary of the plaintiff's assertion was that the plaintiff entered into a contract of carriage of the machinery of this case to the defendant, and that the above machinery was a close equipment and a high-priced article. The defendant caused an accident that damages the above machinery by damaging it underground in violation of the carrier's duty of care concerning carriage and delivery. Thus, the defendant's summary of the defendant's assertion was not notified from the plaintiff that the machinery of this case is high-priced article, and the defendant did not participate on the part of the plaintiff, but did not participate on the part of the plaintiff.
In addition, this shall apply.