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(영문) 서울중앙지방법원 2016.12.22 2016나8366
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company holding 203 Trrier 203 (hereinafter “instant Trrier”). Defendant A is a person operating the instant cargo vehicle B (hereinafter “instant cargo vehicle”), and Defendant National Freight Trucking Association (hereinafter “Defendant Federation”) is a mutual aid business operator who has entered into a freight mutual aid agreement for the instant cargo vehicle liability insurance.

B. At around 10:10 on November 17, 2014, Defendant A stopped the instant cargo vehicle on the way of the instant truck, which is the section at which the entry of the vehicle is prohibited, at 8 parts of Pyeongtaek-si Port located on the plane of Pyeongtaek-si, and there was an accident of collision with the instant truck, where the instant truck was stopped while the vehicle was driven along the driving route (hereinafter “instant accident”).

C. The instant accident caused damage to the type of the instant cranes, tytex, chain, chain, collision prevention center, and KONEX cable, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 11, and 12, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, Defendant A is liable to compensate the Plaintiff for damages caused by the instant accident, since Defendant A and Defendant Federation, a mutual aid business entity, are negligent in stopping the instant cargo vehicle on the main passage of the instant scrap, which is a section in which the entry of the vehicle is prohibited, and thereby, caused damage to the Plaintiff.

B. As a limitation of liability, the Plaintiff did not install physical facilities, such as the prohibition of entry and exit, to prevent the entry of a general vehicle into the main passage of the instant scrap, and installed CCTVs or signal numbers that can be seen as having obstacles on the route of the instant scrap.

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