구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each automobile insurance contract for B-mixed truck (hereinafter “Defendant truck”) with respect to the Plaintiff Company A (hereinafter “Plaintiff”).
B. On May 23, 2016, at around 16:00, the Plaintiff’s vehicle driven the four-lanes of the 4th line road of the 4th line, which was going on the 4th line of the 4th line, before entering the Gangseo-gu, Busan, Busan, and caused an accident where the Plaintiff’s vehicle was damaged (hereinafter “instant accident”).
C. On November 9, 2016, the Plaintiff paid KRW 1,300,000 insurance money to the repair cost, such as washing and luminous ray on the Plaintiff’s vehicle.
【Ground of recognition】 The fact that there has been no dispute, entries and videos of Gap's 1 through 7 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above recognition of the board, the defendant truck is deemed to have caused the instant accident, on the ground that it neglected its duty of care to take all necessary measures to prevent cement from getting out of the cement while on board and operating cement, by checking in advance whether cement flows out of the cement, etc., and neglecting its duty of care to take necessary measures to prevent cement from being out of the cement while operating cement.
On the other hand, the defendant asserted that foreign materials buried on the plaintiff's outer plate cannot be recognized as cement in the defendant's vehicle. However, the following circumstances, which are acknowledged by considering the overall purport of the arguments in the above evidence, namely, ① the flow of concrete cement in the defendant's truck at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time when the defendant's truck passed, and ② the cement is attached to the plaintiff's beams part after the accident at the time of the accident at issue, and thus the plaintiff's vehicle is the plaintiff's vehicle.