A. The facts of recognition (i.e., the Defendant Company) is the owner of C5 tons truck (hereinafter “instant truck”). Defendant B is the driver of the instant truck as the employee of the Defendant Company, and Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Insurance Company”) is the insurer who entered into a comprehensive automobile insurance contract for the instant truck.

The plaintiff operated the automobile maintenance business place in the name of E from the wife population D at the time of Dol-si, and the defendant company has been entrusted to E when the vehicle owned by the defendant is broken down.

On April 5, 2011, Defendant B visited E in order to repair brac trouble of the instant truck. On the same day, around 11:42, the Plaintiff: (a) placed the truck in front of the instant case by using a forcer for the maintenance of the instant truck; and (b) then, (c) requested Defendant B, who was followed by the truck, to walk the truck in the instant case while entering the next place while carrying out the work.

In such cases, if a vehicle walks on the vehicle without being isolated, the vehicle starts on the front while being driven by the vehicle, and the person under the supervision of the vehicle is different. Therefore, the person engaged in the operation of the vehicle has a duty of care to check whether the vehicle is isolated or not, and to check the operation of the vehicle.

(v) Nevertheless, Defendant B, while neglecting the above-mentioned and the duty of care, walked on the instant truck, and due to that, the instant truck, which was set up in a single set of parts, was in front of driving, and was left back by the Plaintiff, and was left down by the floor.

(이하 ‘이 사건 사고’라고 한다). ⑹ 원고는 이 사건 사고로 다발성늑골골절 등의 상해를 입었다.

Grounds for recognition: facts without dispute, Gap evidence 2-6, Eul evidence 1-3.