1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. B, around 17:10 on March 12, 2018, driving a D vehicle on the road near the wife population C (hereinafter “instant vehicle”) around the G, which was installed on the road, and received a copy of the Plaintiff’s electric poles located on the road, and damaged the electric poles and the high-tension electric wires connected thereto.

(hereinafter referred to as “instant accident”) B.

The Defendant is an insurer who entered into an automobile insurance contract with respect to the instant vehicle between the insured and November 19, 2017 and November 19, 2018.

C. On the other hand, on December 29, 2016, the Plaintiff entered into a unit price contract with E (E) in order to pay the construction cost calculated by applying the unit price to E, while the Plaintiff entered into a unit price contract to E (excluding value-added tax; hereinafter the same shall apply) with respect to an unspecified power distribution construction that the Plaintiff notifies to E as of January 1, 2017 to December 31, 2018, by determining the estimated contract amount to KRW 23,714,401 (excluding value-added tax; hereinafter the same shall apply), and the estimated contract amount to KRW 3,680,363,455 (excluding value-added tax).

The Plaintiff notified E to implement the instant construction work for restoring electric installations, such as electric poles and electric wires, destroyed by the instant accident (hereinafter “instant construction”), and E performed the instant construction work.

On May 4, 2018, the Plaintiff paid KRW 12,827,734 as the price for the instant construction project to E.

The plaintiff applied 15% of profit rate in calculating the above price, including occupational health and safety management expenses, national health insurance premiums, long-term care insurance premiums for the elderly, national pension premiums and transportation expenses of 20 tons, which include 945,521 won.

E. The Plaintiff filed a claim with the Defendant for KRW 10,213,280 (the details of the award are as indicated in attached Table 11) as damages arising from the instant accident, but the Defendant paid only KRW 8,746,960, which is the amount calculated as indicated in attached Table 12, to the Plaintiff on July 30, 2018.

[Ground of recognition] There is no dispute.