1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is a company running transportation business, such as furniture, etc.

The defendant is the owner of B 4.5 tons truck (hereinafter referred to as "the truck of this case"), who runs the transport business using the above vehicle.

B. The Plaintiff Company was commissioned to transport Chapter 2,200 of the material called the "Grog group" from the Non-Party Factory Construction Co., Ltd. (hereinafter "the material of this case") to the construction site of the JH Corporation in Jinju.

C. The Plaintiff Company again requested the Defendant to transport the instant materials.

On August 20, 2014, the Co., Ltd. used the instant materials in the instant truck. On August 20, 2014, the Defendant driven the instant truck, which arrived at the construction site of the LH Corporation and the new site of the JH Corporation, on August 21, 2014, and unloaded the instant materials.

On August 21, 2014, the company's employees installing the instant materials at the construction site around the o'clock of August 21, 2014 discovered that some of the instant materials have a defect in water iceing and iceing, and notified the company's employees of this case by wire to the dispute resolution zone.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers for those with a serial number), witness C of the trial of the party, witness C of the party, and the purport of the whole pleadings

2. The defendant's negligence in the course of transporting the material of this case to lower the truck of this case and before unloading the material of this case, caused some of the material of this case to Non-indicted 1, and thus, the defendant must compensate the plaintiff company for the damages caused by the defect.

3. Determination

A. In light of the following circumstances, the evidence as seen earlier, together with the statement of No. 1 evidence, witness C and witness D, and the purport of the entire testimony and pleading, the evidence submitted by the Plaintiff alone is insufficient for the Defendant to bear any negligence related to the transport of the instant materials.