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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C and D (hereinafter “instant vehicle”). The Defendant is a company that takes charge of the Plaintiff’s duties of getting getting off and leaving a vehicle and getting off a vehicle on board and leaving a vehicle loaded with E Co., Ltd. (hereinafter “E”) and Incheon and the Yellow Sea Islands.
B. On January 13, 2017, C’s spouse F entered into a cargo transport agreement between E and the instant vehicle from Incheon to its arrival, and separately paid KRW 34,00 to the Defendant at the cost of loading and unloading the instant vehicle.
C. The loading and unloading worker belonging to the Defendant was unloading the instant vehicle at the landing place located in the Incheon Mara-gun, Mana-do, and parked in the front of the landing place. At the time, the change of the instant vehicle was entered into one set.
F received the keys of the instant vehicle at the Defendant’s office, and around 11:57 on January 13, 2017, around 13, 2017, the F boarded the instant vehicle parked in the said air rack, but the said vehicle was parked in the air rack, even though the speed was entered into one minute, and the vehicle was turned down by a wind, and then the vehicle was crashed into the sea (hereinafter “the instant accident”).
E. From January 25, 2017 to January 31, 2017, the Plaintiff paid the sum of KRW 29,260,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, and 8, and the purport of the whole pleadings
2. The worker in charge of the Defendant’s work, who entered into a contract with the Plaintiff’s assertion E, is obliged to safely park the instant vehicle, and then deliver it to the borrower, but the vehicle is parked in a sloping machine without entering into a sloping car, thereby falling into the sea.