1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A highest Pest vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a package insurance contract with EmI Co., Ltd. with respect to D's gas stations located in the Gunsan City.

B. On May 23, 2015, E driven the Plaintiff’s vehicle on May 23, 2015, and entered the said vehicle in an automatic washing machine installed in the said gas station (a tunnel MTG-300 model; hereinafter “the instant washing machine”).

C. Among the roads through which the Plaintiff’s vehicle passed through the instant detailed vehicle, there was an accident where the Plaintiff’s vehicle gets off and the Plaintiff’s instant drying machine, front and front body of the Plaintiff’s vehicle (hereinafter “instant accident”). D. The instant drying machine, front and front body of the Plaintiff’s vehicle were destroyed (hereinafter “instant accident”).

On May 29, 2015, the Plaintiff paid insurance proceeds of KRW 773,990 at the repair cost of the Plaintiff’s vehicle, and the Defendant paid the same year.

9. 13. The insurance money of KRW 11,253,539 was paid at the repair cost of the drying machine which was destroyed.

【Facts without dispute over the ground for recognition】 The evidence Nos. 1 through 5 (including additional number), Eul’s evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (the cause of the Plaintiff’s claim) is that the instant accident did not meet the speed with other structures when towing the Plaintiff’s vehicle during the operation of the instant vehicle, or that was incurred by falling on the Plaintiff’s vehicle due to the malfunction of the instant building. The possessor or owner of the instant vehicle is liable to compensate the Plaintiff for damages arising from any defect in the structure under Article 758(1) of the Civil Act. As such, the Defendant, the insurer, is liable to pay the Plaintiff the total cost of repair of the Plaintiff’s vehicle and damages therefrom.

B. The defendant's assertion (the ground for counterclaim).