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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
The relevant Plaintiff Jinjin Industrial Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation established for the purpose of manufacturing and selling PVC products, and the Defendant is a person holding a large-class driver’s license, who has served as a cargo driver at the Plaintiff Co., Ltd. from October 11, 2016 to October 16, 2016.
On October 15, 2016, the Defendant was carrying freight owned by the Plaintiff Company into the Plaintiff Company’s business site, 25 tons of the Plaintiff Company owned by the Plaintiff Company with automatic transmission equipment, and transported freight to the Plaintiff Company’s business site, 341, in the case of the Plaintiff Company’s factory located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
Although the Defendant should pay attention to prevent the cargo from from being loaded on one of the truck during transportation, the Defendant operated the truck with the cargo loaded on a daily basis and led to the Plaintiff Company’s workplace. Ultimately, the cargo loaded on a daily basis was caused by a phenomenon that caused a fire to one of the trucks, and the operation of the truck was no longer possible in the vicinity of the Seosan City.
(hereinafter “instant cargo loading accident.” Accordingly, the Defendant informed the Plaintiff Company of the occurrence of the said accident. On the same day, the Plaintiff Company paid KRW 200,000 to B of the same day, and requested the Plaintiff to load the said cargo in a proper manner. B sent to the employees at the site of the instant cargo loading accident, and then sent the cargo on the instant truck to ensure that the cargo loaded at the site of the instant cargo loading accident and loaded the cargo again so that it does not fire during the transport.
In the event of damage to cargo trucks, the Defendant is carrying 25 tons of cargo owned by the Plaintiff Company on October 15, 2016 at the business place of the Plaintiff Company located in Taean-gun, Taean-gun, Taean-gun, the number of which is 341, the number of cargo owned by the Plaintiff Company, and is in the south of Taean-gun, Taean-gun, the number of cargo owned by the Plaintiff Company (hereinafter “instant truck”).