The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

A. The Plaintiff concluded an automobile insurance contract with C and D concerning the instant vehicle (hereinafter “instant vehicle”).

On the other hand, E was operating G gas station located in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant gas station”), and the instant gas station was installed an automatic gas station (hereinafter “instant gas station”). However, the Defendant concluded H insurance contracts that include special terms and conditions for guaranteeing liability for damages of the E and facility owners (management).

B. At around 12:00 on May 30, 2018, I (I appears to be the C’s family member) entered the instant vehicle during the instant three-year period according to the guidance of the staff of the gas station in this case, and thereafter, there was an accident that the said vehicle faces with the front part of the vehicle and the air exhauster (hereinafter “instant accident”).

C. The Plaintiff paid KRW 4,112,000 for the repair cost of the instant vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 4, and 6 (including branch numbers), each statement, video, and the purport of the whole pleadings

2. The plaintiff's assertion that E, the operator of the gas station of this case, is liable for damages to C, the insured of the vehicle of this case, pursuant to Article 750 or 758 of the Civil Act.

Therefore, the defendant, who is the insurer of E, should pay C the indemnity amount of KRW 4,112,00,000 and the delay damages for this in accordance with Article 682 of the Commercial Code to the plaintiff who paid the repair cost as the insurer

3. Determination

A. In tort under Article 750 of the Civil Act, the burden of proving the existence of harmful act by intention or negligence and the occurrence of damage therefrom lies on the claimant (see, e.g., Supreme Court Decision 2001Da73879, Feb. 26, 2002). (2) Article 758(1) of the Civil Act provides, “When any damage is inflicted on another person due to defect in the construction and preservation of a structure, the possessor of the structure is liable to compensate for the damage, but the possessor is prevention of the damage.