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1. The Defendants jointly committed against the Plaintiff KRW 43,556,248 and against Defendant B, from October 18, 2017.
Reasons
1. In fact, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence 1-4, Gap evidence 5-1, 2, and Eul evidence 1-3.
On July 28, 2015, the Plaintiff engaged in the transportation business with the trade name “E” requested transportation from F Co., Ltd. (hereinafter referred to as “F”), which is equivalent to KRW 109,837,250, and requested Defendant B, who entered the vehicle (G; hereinafter “Defendant D”) on the same day, to transport the vehicle (hereinafter “instant vehicle”) at KRW 110,000 on the same day.
B. Defendant B, at around 12:20 on July 28, 2015, loaded the instant machinery at the shipper’s domicile, and arrived at the 8-year loading and unloading yard of the I Terminal H located at Pyeongtaek-si, the destination of which was at around 13:30 on the same day.
C. At the time, Defendant B: (a) laid down all the betting devices for the instant machinery for the cargo landing work of the shipper’s employees; (b) the owner’s survey employees, who had difficulties in work because of the goods located in the vicinity while the owner’s survey employees get off the instant machinery using the arms, demanded the owner’s survey team to move the instant vehicle to Defendant B.
Accordingly, Defendant B moved the vehicle to the extent of 4 meters, and in the process, the instant machinery was lost at the center and fell on the floor.
(hereinafter “instant accident”). The instant machinery was damaged due to the instant accident, and its amount was equivalent to the value of the said goods.
The instant vehicle is subscribed to a mutual aid agreement with the Defendant CF (hereinafter “Defendant CF”) with the amount of KRW 50 million from October 30, 2014 to October 30, 2015 during the subscription period.
E. The Plaintiff and the Defendants’ negligence caused the instant accident, thereby causing damage to the Plaintiff, and the Suwon District Court No. 2015Kadan29824.