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

1. Facts of recognition;

A. The Plaintiff is a company that operates construction equipment, and the Defendant is an employee of the Plaintiff from November 2014 as a dump truck driver.

B. Gangwon C Dump truck (hereinafter “dump truck of this case”) is a dump truck whose transfer of ownership is registered in the name of D (the spouse of the current representative director E and the former representative director of the Plaintiff) since November 5, 2014.

The Plaintiff is occupying and using dump trucks of this case by inserting them at the construction site.

In addition, on October 28, 2014, the Plaintiff entered into an automobile insurance contract with the Plaintiff with respect to the instant dump trucks between Hyundai Marine Fire Insurance, setting the insurance period from October 28, 2014 to October 28, 2015. The Plaintiff did not enter into an insurance contract with respect to self-vehicle damage.

C. On December 23, 2014, at around 09:20, the Defendant operated the instant dump truck in order to work at the construction site of the thermal power plant located in the Bupyeong-si located in the East-si, the East-si, the Plaintiff’s work, and continued the dump truck in the direction of north-hump from the dump direction to the dump direction.

In such a case, even though the driver must accurately operate the steering gear and brakes, the defendant was negligent in neglecting the central line, caused the accident that was caused by the dump truck of this case (hereinafter “the accident”), and the dump truck of this case was damaged.

【Ground of recognition】 The fact that there is no dispute, Gap’s evidence 5, 6, 7, Eul’s evidence 5, Gap’s evidence 8, Eul’s evidence 1-1 through 5, the purport of the whole pleadings and arguments

2. According to the facts of recognition as above, the defendant caused the accident of this case by negligence and damaged the plaintiff's property right by destroying the dump truck of this case, and thus, the dump truck of this case is a business vehicle used by the plaintiff.