Landlord who received transfer of claim for damages... Law “You have the right to file a claim”

The court ruled that the owner of the vehicle, who is not the owner of the vehicle on paper, is also a claimant if he or she has been transferred the right to claim damages from the company that owns the vehicle.

On the 4th of last month, the Eastern Branch of the Busan District Court ruled in favor of some of the plaintiffs in a lawsuit for damages filed by two people, including Mr. A, a cargo truck owner, against the Korea Trucking and Transport Association.

Mr. A purchased a cargo truck in 2023 and hired it at a transportation company, and thereafter driver B took over driving the vehicle.

Later, in October of the same year, Mr. B suffered an accident while driving when he collided with a cargo vehicle traveling in the next lane. Accordingly, the two people demanded that the National Trucking and Transport Association, which signed a mutual aid contract for the cargo vehicle in question, pay compensation, including repair costs. However, the association refused, and the lawsuit began.
The association acknowledged some of the negligence of the truck driver, but argued that Mr. A's claim should be dismissed. This is because Mr. A is only the owner of the accident vehicle, and the owner of the vehicle registration certificate is a transportation company, so he cannot claim damages.

In response, Mr. A countered that he had the right to file a claim because he had received all claims for damages related to the traffic accident from the transportation company.

The court ruled in Mr. A’s favor. The court said, “The plaintiff is in the position of claimant for property damage because he received a claim for damages from the transportation company that owns the vehicle,” and added, “The accident occurred when the defendant’s vehicle suddenly changed direction, and the turn signal was not turned on during this process.”

He added, "It is reasonable to believe that the main responsibility for the accident lies with the defendant's driver," adding, "The defendant has an obligation to compensate for damages, including repair costs for the plaintiff's vehicle and alimony to the driver."

Attorney Nakhyeong Kim of Daeryun Law Firm, who represented Mr. A, explained, "The Association argued for the unfairness of the claim by citing a precedent that states, 'The owner-operator, who was entrusted externally by the company that owns the vehicle, acted on behalf of the owner-operator company, and the legal effect belongs to the owner-operator company.'" He added, "Considering this, we received an intention to transfer the compensation claim from the owner-operator company during the trial, and were able to neutralize the Association's claim."

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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Lotor owner who has been transferred claims for damages... Law “You have the right to file a claim” (Shortcut)