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(영문) 수원지방법원 2020.02.06 2018나13568
손해배상(기)
Text

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

Reasons

1. Basic facts

A. The plaintiff is an individual cargo transport business operator. The defendant company is a company with the purpose of manufacturing machinery related to automobile maintenance, etc., and the defendant C is an employee of the defendant company.

B. On November 12, 2017, the Plaintiff agreed to transport the lifts machinery of the Defendant Company (hereinafter “instant machinery”) at the transportation cost of KRW 2.50,000,000. On the same day, the Plaintiff transported the instant machinery to the head office of the Defendant Company located in Seo-gu Incheon, Seo-gu, Incheon.

Defendant C continued to load the instant machinery, which the Plaintiff had transported, by linking the instant machinery to a straw straw, and during that process, an accident occurred that the said machinery was loaded on the instant vehicle while the connecting straw straw and the instant machinery was cut and the said machinery was destroyed (hereinafter “instant accident”).

C. From November 13, 2017 to November 24, 2017, the Plaintiff repaired the instant vehicle in Nonparty D Co., Ltd., and disbursed KRW 7,653,721 at its repair cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 18, each of Gap evidence Nos. 8 through 11, witness E's testimony, and purport of the whole pleadings

2. According to the above facts finding as to the claim for transportation expenses, the defendant company is obligated to pay 250,000 won to the plaintiff for transportation expenses of the instant machinery.

3. Determination on the claim for damages

A. According to the facts of recognition 1, Defendant C is liable to compensate for damages caused by the instant accident, and Defendant C is liable to compensate for the damages caused by the Defendant C and each of the above Defendant’s tort, as Defendant C is the employer of Defendant C, who is the employer of Defendant C and each of the above Defendant.

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