1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is the owner of B dump truck (hereinafter “instant dump truck”). The Defendant is the insurer who entered into a comprehensive motor vehicle insurance contract with D, the owner of C dump truck (hereinafter “instant truck”).

B. At around 15:30 on June 18, 2015, E, the land owner of the instant searcher, operated the instant searcher at the construction site at the summer-si, in loading the instant truck, carried out the work of cutting down concrete in a definite condition into the burner of the instant searcher and then inserting it into the tea (hereinafter “instant work”).

C. At the time, the excavation of this case was carried out under the condition located on the rear side of the truck of this case.

However, while the work of this case was conducted, D, which was in the driver's seat of the truck of this case, was found to contain the truck, and there was an accident where concretes in the loading box, which was in the after part of the loading box, were laid down as a sudden heat.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, the entries or images of Gap evidence Nos. 1 through 5, 8, 9, and 11 (including each number), the first instance court witness E, and the purport of the whole of the arguments and arguments.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion D carried out the work of loading the instant truck according to E’s signals. At the time of the instant accident, D laid the front part of the truck’s loading box on the front part, even though there was no E’s signal at the time of the instant accident, and the concrete, which was loaded in loading, did not properly manage the fixing device of the rear of the loading box, was destroyed by a fixed device, and opened the rear part of the loading box.

As a result, the back door was moved back to a high speed and turned down to the upper end by the central force, and the auxiliary land area and the right side frame of the refluence of the refluence machine in this case.