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(영문) 부산지방법원 2019.06.12 2018가합49495
손해배상(기)
Text

1. Defendant B Co., Ltd. is one of the Plaintiff’s KRW 204,486,714 and 5% per annum from November 21, 2017 to June 12, 2019.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the vehicle number E-container Transport Tracker (hereinafter referred to as the “instant vehicle”), who transports containers, etc. on the said vehicle.

B. Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”) is the owner of F container (hereinafter referred to as “instant container”); Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) is the transporter of the said container; Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is the company for the purpose of managing and operating the container storage.

C. On November 21, 2017, according to the contract with Defendant C, the Plaintiff borrowed the instant container from “G” located in the king City of Gyeonggi-do, and around the same day, around 23:50 on the same day, the Plaintiff transported the said container to H, Busan Gangseo-gu, the seat of Defendant B.

At around 23:57 on the same day, I, an engineer of Defendant B, was carrying the instant container as a cler, and the instant vehicle was also loaded with the said container.

Since then, there was an accident that the above vehicle was separated from the above container at a height of 1m above ground and fallen.

(hereinafter “instant accident”). The Plaintiff on board the said vehicle suffered injury, i.e., e., the frame of vert L3 parts in spine L3 and the closure due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 16 evidence, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

가. 이 사건 차량에 상차될 당시부터 이 사건 컨테이너 하부 ‘구즈넥 터널’에 휨현상(이하 ‘이 사건 하자’라 한다)이 있었기 때문에, 컨테이너가 차량의 샷시에 고정되었고, 원고가 컨테이너를 반납할 때 컨테이너와 차량을 고정시키고 있던 잠금장치를 모두 풀었음에도 위 하자로 인하여 이 사건 사고가 발생하게 되었다.

B. Defendant D is a defective container of this case.

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