1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff is the owner of B concrete mixed truck (hereinafter referred to as “instant vehicle”).

Defendant Saly contracted D Corporation (hereinafter referred to as “instant construction”) to Defendant Sato Co., Ltd. (hereinafter referred to as “Defendant Sato”), with respect to the instant construction work in Sato C (hereinafter referred to as “instant construction”).

On August 26, 2017, E, the husband of the Plaintiff, was driving the instant vehicle on or around 16:30 on August 26, 2017, and transported ready-mixed to Section D7 in the construction site of this case, and the front wheels of the instant vehicle was separated from the farm road (hereinafter “the instant farm road”), and the instant vehicle was transferred to another vehicle (hereinafter “the instant accident”).

【In the event of the instant accident, the Plaintiff’s assertion that the instant vehicle was transferred at the time of the instant accident, as the ground for recognition was without any dispute, the breadth of entrance 497 cm or 7 cm from the site of the instant accident was narrow, and not only the width was 260 cm from the site of the instant accident, but also the erode section.

① Since the instant vehicle was in progress with the instant farm road to be supplied with ready-mixeds at the construction site of the construction site where Defendant Arotoya constructed and ordered for Defendant Crotoya, the Defendants breached their duty to request the supply of ready-mixed after taking measures to ensure the safe flow of the instant vehicle, such as allocating signal numbers, etc., which is 250 cm for the entire width. However, the Defendants breached their duty to request the supply of ready-mixed, and ② Defendant Crotoy is responsible for defects in the installation and management as the owner of the instant farm road.

Therefore, the Defendants are jointly and severally liable to pay 45,874,485 won for damages sustained by the Plaintiff due to the instant accident (i.e., the transport cost of KRW 39,474,300 for one month, which was lost due to the failure to operate the repair cost of KRW 39,474,300) and damages for delay.