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 an insurer who entered into a contract with CF with D Co., Ltd. (hereinafter “D”) and its original contractor, with the coverage period from June 26, 2015 to June 26, 2016, setting the coverage per capita’s compensation limit of KRW 100 million (hereinafter “instant insurance”).

B. On February 6, 2016, the Defendant entered into a lease agreement with D’s original contractor E (hereinafter “E”), stating that the Defendant would lease one of the Unmanned-gu Incheon Jung-gu F new construction (hereinafter “instant construction”) owned by the Defendant to KRW 53,00,000 (excluding value-added tax) at the site of the construction from February 2016 to February 6, 2016.

C. On March 1, 2016, the Defendant installed the instant crane at the construction site of the instant construction site; and on April 1, 2016, passed an inspection for new registration of construction machinery from G Co., Ltd., and handed over the instant crane.

On April 9, 2016, around 07:25, at the construction site of the instant case, the cler’s lifts was cut, and the combination of 500 km volume was caused by the occurrence of an accident in which the cler died (hereinafter “instant accident”).

E. On July 1, 2016, the Plaintiff paid 50,103,460 won to the deceased H’s bereaved family members (the amount of damages KRW 50,00,000,000, and the amount of notarial expenses KRW 103,460), and KRW 52,90,000,00 to E as the instant insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to the defects of the instant cranes.

Therefore, the defendant is liable for damages caused by the accident in this case pursuant to Article 758 or 390 of the Civil Act, and the plaintiff has the right to the insured against the defendant pursuant to Article 682 of the Commercial Act.