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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for cargo liability with respect to B Trucks A (hereinafter referred to as “A”) and A-owned B Trucks B (hereinafter referred to as “the instant truck”) to compensate for damage caused by damage to the cargo due to an accident in the course of cargo transport, and the Defendant is a company that engages in cargo transport business, motor vehicle transport brokerage business, etc.
B. The Plaintiff Co., Ltd. (hereinafter “Ampia”) entrusted the transportation business of the machinery owned by Dowe Co., Ltd. (hereinafter “Dowe Co., Ltd.”) from Dowe Park Schberber (hereinafter “Dowe Co., Ltd.”) and re-entrusted the Defendant with the transportation business of the instant machinery.
C. The Defendant re-entrusted the instant mechanical transport business to C Co., Ltd. (hereinafter “C”), and C re-entrusted its business to A. D.
On February 12, 2013, D, while carrying and operating the instant machine on the instant cargo vehicle on February 14:10, 2013, the instant machine was carried out pursuant to the left and right-hand turn from the traffic distance adjacent to the Inter Information Port Center, which is located inside the port of Busan at the time of the time, the instant machine loaded on board was cut off and the said machine was destroyed and damaged (hereinafter referred to as “instant accident”).
E. After having paid USD 500,000 to the Dowe as damages for the instant accident, the Plaintiff who entered into a mutual aid agreement with A and filed a claim for the mutual aid money with A.
On October 22, 2014, the Plaintiff agreed on the amount of KRW 500,000,000, which is the maximum amount of mutual aid compensation, as damages, and paid KRW 500,000,000,000 to the amount of mutual aid on November 7, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, 13, 14, and Eul evidence Nos. 6 (including each number), and the result of the fact inquiry to the head of the Suwon Tax Office of this Court.