2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The plaintiff is a person engaged in landscaping business under the trade name of "D," and the defendant is a person engaged in transportation business.

B. On November 26, 2016, the Plaintiff: (a) requested the Defendant to transport pine trees located in Pyeongtaek-si E to the Gelelel located in Incheon Cheongjin-gun F.

C. Accordingly, between November 26, 2016 and November 27, 2016, the Defendant transported pine trees using 4.5 tons truck, and the Plaintiff’s side accepted it.

On December 27, 2016, the Plaintiff paid all the transportation cost of KRW 450,00 to the Defendant around 13:03.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 3, 4, Eul evidence 1-2, and the purport of the whole pleadings

2. The parties' assertion

A. Since an accident occurred due to the Plaintiff’s negligence of transportation by the Plaintiff, the Defendant shall pay the Plaintiff the transportation cost of KRW 5,000,000 for damages (= KRW 1,250,000 for the transportation cost of KRW 1,250,00 for the damages incurred to the Plaintiff ( KRW 3,300,000 for the owner of pine trees) and the delay damages therefrom.

B. The Defendant promptly transported the Defendant pine trees, and the Plaintiff’s side confirmed the status of pine trees and accepted them, and thereafter, the Defendant only received the transport cost from the Plaintiff in a normal manner.

3. The judgment is based on the following: (a) the Plaintiff’s assertion that the Plaintiff was damaged during the transport process has been damaged and specifically; (b) the Defendant’s negligence was not specified in the process; and (c) the Plaintiff did not record the form of pine trees damaged at the time of arrival in GMomoto; and (c) the Plaintiff paid the transport cost agreed upon to the Defendant after the acquisition of pine trees. In light of the above, the evidence submitted by the Plaintiff alone is attributable to the Defendant’s negligence.