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(영문) 창원지방법원진주지원 2013.06.13 2012가단12630
손해배상(기)
Text

1. The Defendants each of their respective 10,237,520 won against Plaintiff Ulsan Special Cargo Co., Ltd., and 2,000,000 won against Plaintiff A and each of the above.

Reasons

1. Basic facts

A. The Plaintiff Ulsan Special Cargo Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a company running a special vehicle transport business, cargo brokerage business, etc. at the location of its head office, and the Plaintiff A purchased D-Tank Vehicles (hereinafter “Plaintiff”) and transferred to the Plaintiff Co., Ltd. (However, the name of the land owner is Plaintiff B), and the Plaintiff B is a person in a de facto marital relationship with the Plaintiff.

B. On May 11, 2012, at around 03:35, Defendant C driven the E-vehicle owned by Defendant Substitute Trucking Trucking Business Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) and neglected to perform the duty of front-time navigation in the middle line of the two-lanes of the YY YY YY, which is located at the YYY YYY, on the one hand, and caused the collision between the left part of the Plaintiff’s vehicle that entered the two-lanes of the said expressway and the front side of the Defendant Company (hereinafter “instant accident”) and the Plaintiff’s vehicle was partially damaged due to the instant accident.

C. After the instant accident, the Plaintiff Company received KRW 17,594,180 from the Korea Trucking Business Mutual Aid Association, which entered into a mutual aid agreement, with the Plaintiff’s automobile repair cost, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including paper numbers) and the purport of whole pleadings

2. The parties' assertion

A. Defendant C and its employer are obligated to pay KRW 10,237,520,00, after deducting KRW 17,594,180, insurance money received from the Korean Trucking Mutual Aid Association to which the Defendant Company was a member of the Korea Trucking Mutual Aid Association, from material damage 27,831,70,00 won (27,300,000,000) incurred by the Plaintiff Company due to the instant accident, and the Plaintiff Company, the driver of the Plaintiff Company, is also obligated to pay consolation money to the Plaintiff A, who is the driver of the Plaintiff Company.

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