A. The Plaintiff entered into a mutual aid agreement with the Mutual Aid Association established under the Trucking Transport Business Act on November 29, 2016 with respect to the A treatment track owned by Jinsung (hereinafter referred to as “Plaintiff-Motor Vehicle”) during the mutual aid period from November 29, 2016 to November 29, 2017; and a limited amount of 100 million cargo transport risk contract (hereinafter referred to as “instant mutual aid agreement”).

B. The Defendant is a person who installs and manages roadside trees (hereinafter “instant roadside trees”) that are installed on the front of a kindergarten set up in Daegu Suwon-gu, C in front of the kindergarten.

C. On March 11, 2017, at around 08:40, the Plaintiff’s vehicle loaded the Aspuritius (hereinafter “instant loaded object”) and proceeded on the three-lane road in front of the C kindergarten located in Daegu Suwon-gu B, the Plaintiff’s vehicle was negligent in failing to properly handle the direction because a large number of the instant roadside trees planted on the right side of the said road did not confirm that they came out into a road, and due to the collision between the two parts of the instant loaded object and the upper part of the instant loaded object, thereby damaging the driver’s length of the instant loaded object (hereinafter “instant accident”).

Under the instant mutual aid agreement, the Plaintiff paid KRW 12,300,000 calculated by deducting KRW 500,000 of its own shares from the amount of damages calculated through damage assessment to the D Company (hereinafter “victim”) which entrusted the transportation of the cargo of this case pursuant to the instant mutual aid agreement, and paid KRW 1,147,000 to E Company as the adjustment cost.

E. The height of the Plaintiff’s loaded load is 0.91m, and the height of the loaded load of this case is 2.95m in a state where the Defendant’s loaded load is 0.91m, and the total height of the Plaintiff’s vehicle at the time of the instant accident is 3.86m.

F. The height of the street of this case measured in the part abutting on India at the right end of the road where the instant accident occurred shall not exceed 4 meters.

[Reasons for Recognition]