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(영문) 광주지방법원 2020.05.08 2019나57588
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

The Plaintiff is a mutual aid operator who entered into a truck mutual aid agreement between March 31, 2017 and March 31, 2018 with respect to the loaded goods of a limited liability company C (hereinafter referred to as “C”) and a limited liability company 2004 and D (hereinafter referred to as “Plaintiff”) with a maximum loading capacity of 25t.

The defendant is the owner of the first medicine No. 1, a ship transporting freight cars, etc. (hereinafter referred to as "Defendant ship").

Around 06:30 on March 4, 2018, the driver E of the Plaintiff’s vehicle, at the time of the instant accident, loaded salt 28t to the Plaintiff Company F (hereinafter “F”) and boarded the Defendant’s vessel, which was entrusted with transportation by the Plaintiff Company F (hereinafter “F”). The Defendant’s vessel arrived at a gold-line landing place located in the Jeonnam-do, Jeonnam-do, around 06:40 on the same day.

The captain G of the Defendant’s vessel: (a) upon arrival of the Defendant’s vessel at the arrival of the said vessel at the said landing point, connects the cherb to the right edge of the said landing point; and (b) in this case, no other measure was taken to fix the Defendant’s vessel in addition to operating the engine to the right edge of the Defendant vessel.

E, in accordance with H’s receipt of the head of the Defendant’s vessel, departing from the Defendant’s vessel as well as the head of the Defendant’s vessel, but at the time, the sled water was exposed to the sled water in the direction of the bend, thereby extinguishing the length of the bend, thereby returning to the Defendant’s vessel after stopping the Plaintiff’s vehicle.

After that, E, once driving the Plaintiff’s vehicle, started to string off the landing route, but stopped in the middle due to the decline, and at this time, the captain of the Defendant’s vessel was put up a landing plate on G from the side of the Plaintiff’s vehicle to put up the landing plate for contact.

G Based on the G Talang, the Defendant’s vessel was in space between the Defendant’s vessel and the Defendant’s vessel, either fast to the sea or to the sea, and the Plaintiff’s vehicle.

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