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(영문) 춘천지방법원원주지원 2014.04.23 2013가단10184
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff, a corporation operating insurance business, is an insurer who entered into a comprehensive insurance contract for zero cars with respect to B (hereinafter “the instant truck”). The Defendant Federation of Automobile Trucking Services (hereinafter “Defendant Federation”) is a mutual aid business operator who entered into a mutual aid contract for automobile accident between the owner and the transportation company instead of the owner of the instant truck (hereinafter “instant truck”).

Defendant Effective Co., Ltd. (hereinafter “Defendant Effective”) leased the instant car from A around December 201, and used it as equipment at the construction site of the military unit in the Choyang-ri District of Suwon-si.

At around 15:20 on December 3, 201, D, who was an employee of the Defendant filial duty, was in charge of the supervision at the construction site and was in charge of the supervision at the construction site, managed and supervised the transportation and unloading of the remaining timber used at the construction site from the construction site to the outside of the construction site. Upon D’s instruction, D’s driving of the instant truck and stopping on the road, D’s unloading and transporting of timber taken place in loading the instant truck while stopping on the road.

At the time, the above road was the first line of way, and the freight truck of this case was stopped on the opposite road to the place where timber is loaded, and therefore D and E were transported by means of crossing the above road.

However, D and E do not allocate signal numbers to both directions of the above roads, and only controlled vehicles on the roads that pass from the south of a military unit to the south of a military unit (D's role of signal numbers). From the south of a military unit among the above roads, D and E are engaged in transporting and lowering timber on the roads that pass from the south of a military unit to the front of a military unit, without posting signal numbers to the roads that pass from the south of a military unit.

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