logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.08.09 2016가단38075
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who registers a general truck transportation business and engages in cargo transportation business using a truck.

The Plaintiff, around 6:00 on September 28, 2016, loaded a truck at the Yangsan-si Gyeyang-si, carrying 2,500 c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c

B. Accordingly, the Plaintiff requested the Defendant, who is engaged in towing business, to travel the towing vehicle for the towing vehicle.

The defendant dispatched D, a towing engineer belonging to the defendant.

(c) D has set the front side of the right, which was separated from the above truck, by the direction of towing vehicles at the site, on the road.

D argued that the plaintiff should be towed in order to prevent the transition of truck. However, the plaintiff argued that the plaintiff can not take the chickens without equipment, and that D would be towed as it is on the ground that the plaintiff could not take the chickens. As a matter of this problem, D was driving with the plaintiff and the plaintiff while leaving the scene.

The plaintiff contact with a small and medium enterprise, and the article dispatched by a small and medium enterprise has been engaged in the preparation for towing, which serves as the ground around the truck, which eventually led to the above truck without weighting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness E's testimony, purpose of whole pleading

2. Assertion and determination

A. The Plaintiff asserts that D’s employer, as the employer, has a duty to compensate the Plaintiff for damages incurred therefrom, even though D attempted to tow the front wheels on the road without any prior preparation, but as a result, it made it more difficult to tow the rear wheels by placing it in depth to a low and weak direction, and that D’s truck away from the scene without safety measures.

(b) However, if D has both the front and rear wheels of the truck, it has the front wheels first.

arrow