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(영문) 춘천지방법원강릉지원 2019.03.13 2018가단3164
손해배상(자)
Text

1. The Defendants jointly share KRW 33,600,000 with respect thereto to the Plaintiff and the period from August 2, 2018 to March 13, 2019.

Reasons

1. Facts of recognition;

A. In operating the E Research Institute in Gangseo-si D, the Plaintiff, as the preparatory chairperson of F, entered into a transportation contract between the Defendants running the cargo transport business and the Defendants, on February 1, 2018, with the introduction of I of the trade name of “H”, to display the number of the instant native trees owned by the Plaintiff, approximately 2.5m, 38m, snifs of the wooden bottom, 100m, and flaps of the 100-year log trees (hereinafter “instant native trees”).

B. On February 1, 2018, at the E Research Institute around 13:30, the Defendants: (a) loaded the instant native trees into the J business trucks owned by Defendant B; (b) Defendant C started driving the K business trucks owned by Defendant C as prior vehicles and arrived at G; and (c) the Plaintiff and L discovered that the instant native trees were out of the truck, while the Plaintiff and L were trying to get out of the truck, part 1/3 of the head portion of the instant native trees and part 1/3.

C. Accordingly, the Plaintiff demanded the Defendants to compensate, and the Defendant C prepared and delivered a letter of payment to the Plaintiff on the same day to pay KRW 20,000,000 including the insurance money.

The condition of damage of the instant perfume trees remains when they are teared down due to the shock of the non-packaged road in the course of transport, and the condition of damage of the instant permeine trees is not upper, but horizontal shock.

[Ground of recognition] Facts without dispute, entry of Gap 1, 4 through 6, and 9 (including paper numbers), witness L and M's testimony, appraiser N's appraisal results, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s alleged Defendants should have transported the instant native trees using the round-to-way four line road without a cable line as a joint carrier. However, in violation of this, Defendant C, while driving a prior vehicle, flaps, loaded on the line installed on the road, or flapsed by the Defendants across the road.

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