beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As the owner of B dump truck (hereinafter “instant truck”), the Plaintiff entered into a contract with C on the transportation of soil and sand, etc. arising from the construction site of the new construction site of the Gangnam-gu Seoul Metropolitan Government D apartment complex with the Defendant, for the aggregate found in the Hanyang-gu Yandong-dong, Ansan-gu, the Defendant operated (hereinafter “the instant aggregate site”).
B. On September 28, 2016, E driven the instant truck and arrived at the instant aggregate pool. On the part of the Defendant’s signal number F, the instant truck was parked and loaded for the purpose of lowering rocks according to the Defendant’s direction, and there was an accident of collision with G dump truck (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s assertion that the instant truck driver E stops the truck as ordered by the Defendant’s signal number, but the instant accident occurred as the surface of the ground was caused by the truck on the ground because the slope of the ground was not flat. Therefore, the Defendant was negligent in failing to properly give the Defendant a signal so that the truck can not be driven. The Defendant, as a signaler, is a user of the signal number, is liable to pay the truck repair cost of KRW 14,726,80 (i.e., part repair cost of KRW 11,00,000) and damages incurred by the Plaintiff for 16 days from September 28, 2016 to October 13, 2016 (i.e., KRW 330,000 per day x 16 days).
B. As to whether the instant accident occurred due to Defendant’s negligence, it is not sufficient to recognize the instant accident only by the descriptions of the health team, Gap evidence Nos. 4 and 5, and some testimonys of the witness E, and rather, the witness E and H’s testimony.