1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a heavy equipment safety insurance contract between the Plaintiff and the Japanese Heavy Co., Ltd. with the non-storage (including B, hereinafter referred to as “the instant house”) of the subject matter of insurance and the cover period from November 20, 201 to November 20, 2012, and the Defendant is the driver of the C Track vehicle (hereinafter referred to as “Defendant vehicle”).

B. Two Industrial Infrastructure Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a transportation consignment agreement with the Defendant to transport high-speed literary machine learning center (hereinafter “instant damaged goods”) to the storage of the first factory materials of Sung-dong Co., Ltd., Sung-dong, Sung-dong, Sung-dong, Seoul Special Metropolitan City.

C. Around 10:30 on June 13, 2012, the Defendant driven the Defendant’s vehicle, transported the instant damaged goods to the front of the warehouse of the first factory of the Sung-dong company Sung-dong, Sungwon-si, Sungwon-si, and D used the forket of the said damaged goods to the opposite end while he unloaded the said damaged goods by using the forket of the forket of the forket of the instant truck, and the damaged goods were destroyed by the said damaged goods.

(hereinafter referred to as "the accident of this case") d.

On August 29, 2013, the Plaintiff paid KRW 47,322,00 to Nonparty Company insurance money for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, and 10, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred by the defendant's arbitrary dissolution of the price of the damaged goods of this case and the negligence of the driver of this case. Since the degree of the defendant's negligence was 30%, the defendant, a joint tortfeasor, paid insurance money to the non-party company, and the non-party company acquired the claim for damages that the non-party company had against the defendant pursuant to the subrogation doctrine under Article 682 of the Commercial Act, which constitutes 14,196,600 won (=47,322,00 won x 30%) and damages for delay.