1. Of the judgment of the first instance court, KRW 2,302,386 against the Plaintiff and its related thereto from April 2, 2009 to March 23, 2016 to the Plaintiff.

1. Basic facts

A. B around June 7, 2012, between the Plaintiff and the Plaintiff, concluded a personal automobile insurance contract (hereinafter “instant insurance contract”) between December 11, 2008 and December 11, 2009 with respect to the instant vehicle C owned (hereinafter “instant vehicle”).

B. On December 8, 2008, the Defendant entered into a contract on land creation works (hereinafter “instant construction works”) in the G located in the E and Youngcheon-si F for the construction of the building of “D” as its representative and continued the construction work.

On January 12, 2009, at around 13:30 on January 13:30, 2009, the sprink was destroyed by damage to the pipelines of dopco Co., Ltd. (hereinafter referred to as dopco), and the instant vehicle was destroyed by oil leaked on the road at the passage of the construction site and damaged by the instant vehicle due to oil that was removed on the road and caused damage to B, the driver of the instant vehicle.

(hereinafter “instant accident”). C.

The plaintiff from February 2, 2009 to the same year

4. Until January 1, 200, Pursuant to the instant insurance contract, B paid KRW 3,837,310 (hereinafter “instant insurance proceeds”) with the insurance proceeds arising from the occurrence of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3, the purport of the whole pleadings

2. The Defendant’s judgment on the Defendant’s main defense of safety is limited to the contractor who entered into a contract for the instant construction project with E, and the Plaintiff did not have a relationship of direction and supervision over E at the construction site of this case, and thus, the instant lawsuit is unlawful and remanded to the Defendant, as the Defendant’s standing to

However, in the performance suit, the plaintiff's claim itself is a standing to sue to the person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and the person who asserts his/her right to demand performance is the standing to be the defendant.

In fact, the Plaintiff.