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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a heavy equipment safety insurance contract with B with respect to C 700 tons of c.700 tons of c. B (hereinafter “instant c.m.”).
B. The instant Les, which is part of the D Construction Section, was put into work to 170 tons weighted on the north-gu in Daegu-gu E, Daegu-gu.
C. Around 02:05 on March 26, 2014, F, the driver of the instant strawer, carried the said strawer into the working group of the instant strawer, with other 400 tons of the Defendant’s signal number G, in order to carry out the work of simultaneously carrying the said strawer into the instant strawer, and as the weight of the said strawer was cut to the instant strawer, one out of four of the four of the strawer’s four of the said strawer’s strawer’s four of the said strawer’s four of the said strawer’s four of the said strawer’s four of the said strawer’s strawer and the said strawer’s stick and damaged (hereinafter “instant accident”).
By September 23, 2014, the Plaintiff paid KRW 879,635,916 to B at the repair cost of the instant scrap, pursuant to the aforementioned heavy equipment safety insurance contract.
E. F was sentenced to a fine of KRW 3 million on November 12, 2014 in Changwon District Court Msan Branch (No. 2014 high-level 459) (No. 2014 high-level 200,000,000) and the above judgment became final and conclusive on the following grounds: (a) the Defendant neglected to perform his duty of care to verify the existence of any malfunction, such as the cracks, of the instant Red Cross Support Team; and (b) the Defendant obstructed traffic for 10 hours on the road due to the cracks of the lower part of the ice Dog-gu.
[Ground of recognition] Facts without dispute, Gap 1-5 evidence, Eul 1-8 evidence (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The signal number G belonging to the Plaintiff was installed in the Newcheon up to 400 tons of 400 tons, which was work together with the instant cranes, up to 8 lanes from each other, and the weight of the Crain itself and the weight of the bridge board.