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(영문) 전주지방법원 2017.08.23 2016가단21393
손해배상
Text

1. The Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Plaintiff’s KRW 3,019,353 and its amount from May 1, 2016 to August 23, 2017.

Reasons

1. Facts of recognition;

A. On April 10, 2014, the Plaintiff completed business registration regarding transportation business under the trade name of “D” on the location of Chuncheon City C.

B. From October 1, 2015, the Defendant, who was employed by the Plaintiff from around October 1, 2015, served as a driver of treatment 25 tons car truck owned by D Co., Ltd. (hereinafter “instant vehicle”).

C. On March 25, 2016, around 12:40, the Defendant: (a) driven the instant vehicle and passed at a point 249.8 km-ri-ri, Seocheon-ri, Seocheon National Highway (hereinafter “instant fire”) on the engine part of the instant vehicle (hereinafter “instant accident”); and (b) there was an accident in which the instant vehicle is dissolved (hereinafter “instant accident”).

In the case of the instant fire-fighting on the ground that there is no possibility of fire-fighting, traffic accident, driving care, and the possibility of electrical factors can not be ruled out because the ship around the engine part was destroyed, but the possibility of electrical factors could not be ruled out, such as the ship’s ship, etc., the fire was presumed to have occurred due to the outbreak of engine errors, anti-nets, etc. around the engine.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, Eul evidence No. 1, fact inquiry results against the chief of the fire station of this court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. On September 30, 2015, the Plaintiff asserted by the Plaintiff, one of the parties, employed the Defendant from around September 30, 2015, and had the Defendant operate the instant vehicle, and had the Plaintiff perform the overall business of transportation business related to the instant vehicle.

Therefore, the Defendant is responsible for managing the instant vehicle, and the Defendant did not manage the instant vehicle to be suitable for the use of the instant vehicle for transportation business by negligence, which caused the instant fire.

If the cause of the instant fire is the overheated of the engine, the Defendant shall drive the instant vehicle, while driving the instrument board.

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