A. The Plaintiff is the owner of C 25.5 tons dump truck (hereinafter “instant truck”), who is engaged in construction machinery operation business under the trade name of “D,” and the Defendant is the owner of E Pesta Construction Machinery (hereinafter “instant construction machinery”), and F, the user of F, the instant construction machinery adjustment engineer, and the company with the purpose of collecting and crushing aggregate.

B. On March 29, 2017, the Defendant had F perform the work of cutting aggregate, etc. into dump trucks using the instant construction machinery at the camping site, such as sump aggregate located in emulic City G, etc.

C. At around 13:30 on March 29, 2017, when the said work was in progress, F maintained the instant construction machinery for the commercial difference, such as aggregate, at the night site, and was going through the direction of the entrance and exit of aggregate while loading aggregate.

(hereinafter “instant accident”). D.

The truck of this case is repaired due to damage to the front part of the truck, and it was not operated during the repair period.

E. Appraiser H presented the appraisal result that adequate repair cost on the damaged part of the instant truck is KRW 24,371,520.

F. The daily suspension damage of the instant truck is KRW 202,230; the date of storage for repair is March 29, 2017; and the date of completion of repair is June 8, 2017.

[Ground of recognition] Unsatisfy, Gap's statements and images, video or video images, appraiser H's appraisal results, witness I's testimony and the purport of whole pleadings

2. Determination

A. According to the above basic facts on the basis of the establishment of the liability for damages, F is driving the construction machinery of this case within the tin mountain where aggregate, etc. occurs, and as such, F is negligent in performing the duty of checking and preparing to stop from time to time, whether or not dump trucks, etc. run in the direction of the entrance.