1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. On August 10, 2016, the Plaintiff driven a vehicle with 8:50 C (hereinafter “Plaintiff”) on August 10, 2016, while driving a two-lane between the three-lanes in Seoul Jung-gu, Jung-gu, Seoul, and driving a D vehicle (hereinafter “Defendant vehicle”) and entering the three-lanes from the right side of the Plaintiff vehicle to the two-lanes, the Defendant shocked the part on the left side of the Plaintiff vehicle on the left side of the Plaintiff vehicle.

At the time, the Plaintiff’s vehicle loaded the keyboard and the tower server (the upper side of the main body), which are the parts of the fire fighter’s location tracking devices. However, due to the shock, 20 mainboards and 10 cellers were destroyed (total value of KRW 7,100,000; hereinafter “instant loaded parts”) and all damaged parts were destroyed.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an insurer who entered into an automobile insurance contract with respect to the Defendant vehicle.

[Ground of recognition] Evidence Nos. 1 through 10, Evidence No. 1 of Eul and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances acknowledged by comprehensively taking account of the overall purport of the evidence duly admitted as a whole, namely, the Plaintiff’s possession of the instant cargo, etc. at the site of the instant accident by setting up a string of the vehicle, and taking a photograph of the said cargo, etc., and it is difficult for the Plaintiff to find any motive to partly damage the instant cargo by putting the instant accident into a string of the accident, and no data or circumstance exists to recognize that the instant cargo was already destroyed before the accident, it is reasonable to deem that the instant cargo loaded was destroyed due to the instant accident.

In addition, it cannot be said that it is prohibited to load goods for business use on a passenger vehicle, and in the event of an accident of a motor vehicle, it can be sufficiently anticipated by the general public that goods loaded in the motor vehicle may be damaged as ordinary attention. Therefore, the damage of the loaded goods in this case due to the accident of this case shall be caused by the defendant.