1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile comprehensive insurance contract with Nonparty C regarding the Plaintiff’s vehicle (hereinafter “Plaintiff’s vehicle”).

B. Around March 27, 2018, the Plaintiff’s vehicle was parked in front of the Busan Ho-gu E Apartment Fdong, Busan, but around that time, the Defendant was working on the apartment rooftop for a waterproof construction that attempted to capture it to the rooftop floor by using the friendly Coke Do Green (hereinafter “instant est”) (hereinafter “instant est”), and turned down from the rooftop to the lower end.

C. The owner of the Plaintiff’s vehicle claimed that the Plaintiff’s vehicle was damaged by the Plaintiff’s vehicle due to the scattering of waterproof paints, and the Plaintiff’s vehicle was obstructed on the surface of the Plaintiff’s vehicle in the course of the Defendant’s waterproof work or the Defendant’s unloading of the paint to the floor. The Plaintiff paid KRW 2,483,260 at the repair cost of the Plaintiff’s vehicle.

Plaintiff

For the repair of the vehicle, under the premise that the green paint was covered by the whole body of the vehicle, it was done by replacing the sunset, ebluence, etc. of the vehicle, and removing the driver, horizontal lamps, and ribling lamps, etc. of the vehicle throughout the body of the vehicle.

[Ground for Recognition: Each entry in Evidence A Nos. 1, 2, 3, 4, 5, and 6]

2. Summary of the parties’ assertion

A. As the cause of the instant claim, the Plaintiff, while the Defendant’s waterproof work, caused damages to the Plaintiff, such as scattering a paint, which the Defendant spawned on the rooftop floor, and smoking the body of the Plaintiff’s vehicle, and thus, the Defendant is liable for compensating the Plaintiff for damages caused by physical damage. As the Plaintiff paid the insurance money, the Defendant is liable for paying the amount equivalent to the insurance money to the Plaintiff pursuant to Article 682 of the Commercial Act.

B. As to this, the Defendant, unlike the general paint, has a high level of height of the paint and thus, can be said to have been scattered in the entire body of the vehicle.