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(영문) 서울중앙지방법원 2015.07.17 2014가단42668
손해배상(기)
Text

1. The Defendant’s KRW 4,244,867 and its relation to the Plaintiff’s KRW 5% per annum from October 17, 2012 to July 17, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running the transport business.

The defendant is a company that runs the cargo loading and unloading business.

B. The Defendant’s container fall accident 1) Korea GM Co., Ltd. (hereinafter referred to as the “KoreaM”).

(2) Around April 201, the Plaintiff requested the Plaintiff to transport three new vehicles for the export of Uzbekistan. The Plaintiff stored three vehicles in the container and transported the container terminals located in the Gunsan-si Port that is managed by the Defendant. (2) The Defendant leased a rimulscker owned by the Defendant (hereinafter referred to as the “astronomical border”) from the Mascker Co., Ltd. (hereinafter referred to as the “Ocheon-si”), along with A, its employees, to use it in container sub-containers.

A, on April 30, 201, the Plaintiff transported 16:30 luxers by erroneous operation of luxers and shocked the containers containing three prices of vehicles for export (hereinafter referred to as “containers”).

At the same time, the instant container loaded in two parts of the time was damaged by three parts of the vehicle in question, as the instant container fell into the ground.

C. 1) Korea BranchM brought three vehicles into the Bupyeong Factory in Gyeonggi-do. Korea BranchM, on October 17, 2012, dismissed three vehicles on the grounds that export calls are anticipated after repair. 2) Korea BranchM dealt with KRW 64,047,243 of the cost of decommissioning based on manufacturing cost, against the Plaintiff’s obligation of transportation cost.

3) The Plaintiff was compensated for KRW 38,120,000 from an insurance company around December 2012 by the Plaintiff (around December 2012, 200)

2. Determination:

A. According to the above facts found in the occurrence of liability for damages, A was negligent in the operation of a sacracker, and the defendant is a temporary employer of A, who is liable for damages sustained by the plaintiff pursuant to Article 756 of the Civil Act.

B. The scope of damages is one of the parties.

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