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(영문) 서울동부지방법원 2020.09.25 2018가단136540
손해배상(기)
Text

The Defendants jointly share KRW 69,591,046 to the Plaintiff, as well as 5% per annum from August 25, 2017 to September 25, 2020.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant C is Defendant B Co., Ltd. (hereinafter “Defendant B”).

(1) On August 25, 2017, as employed by the company and owned by the company D for the purpose of transporting products from the logistics warehouse Nos. 6, G, and H of Songpa-gu Seoul E Logistics Complex F, Songpa-gu, Seoul for the purpose of transporting products (hereinafter “the instant vehicle”).

2) During the 20th century, the Plaintiff, who was crypted for the product’s commercial operations in the said warehouse, was shocked from the rear bank (hereinafter “instant accident”).

2) At the time of the instant accident, the Plaintiff suffered injury, such as the instant accident, i.e., the pelke, the right pelke, the right pelke, and the pelke, the right pelke, and the pelke, and the right pelke, due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, 7, and 8, the purport of the whole pleadings

B. According to the above recognition and scope of liability, Defendant C is liable for damages incurred by the Plaintiff due to the instant accident as the operator of the instant fork tok tok tok to the Plaintiff, barring any special circumstances, as the Plaintiff sustained the injury due to the instant accident, and Defendant C is liable for damages incurred by Defendant C, an employee of Defendant C, as the employer of Defendant C, incurred to the Plaintiff due to the instant accident during the performance of Defendant B’s business, and each of the above liabilities of the Defendants are jointly and severally liable.

C. However, the limitation of liability is limited, because the plaintiff was well aware that the plaintiff was in charge of cargo transport business and operated frequently in order to load cargo in the logistics warehouse of this case, so it was erroneous that the plaintiff should have checked whether there was a vehicle in the surrounding area when walking in the logistics warehouse of this case and neglected to walk at the edge of the cargo, and such circumstances should be considered in calculating the amount of damages to be compensated by the defendants, but at the time of the accident of this case.

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