1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On November 29, 2012, the Defendant’s vehicle spraying A2.5 tons of asphalt (hereinafter referred to as the “Defendant’s vehicle”) that was operated by the Defendant was in violation of the signal from the upper sand distance located in the gold-si in Ysan-si and was running on the right side of the course, and was damaged by the Plaintiff’s benz dump truck (hereinafter referred to as the “instant truck”) that was driven on the right side of the proceeding.

(2) On March 28, 2013, the Plaintiff sold the instant truck at KRW 11,50,000 to the Jeonju Construction Machinery Sales Company without repairing the instant truck.

On March 2013, the Seoul Special Metropolitan City Mining Industry Co., Ltd. accepted the parts of the instant truck, such as cutting off and exchanging the flicker, and the former Special Metropolitan City Co., Ltd. paid KRW 24,200,000 (including value-added tax) for repairing costs to the Special Metropolitan City Mining Industry Co., Ltd.

Samsung Fire and Marine Insurance Co., Ltd., the insurance company of the defendant vehicle of this case, paid KRW 30,000,000 as insurance money for the substitute damage of the truck of this case.

[Ground of recognition] The plaintiff asserted that the plaintiff suffered damages of KRW 79,826,60,00 as follows according to the accident of this case, and received KRW 30,00,00 as insurance money. Thus, the defendant is liable to compensate the plaintiff for damages of KRW 49,826,60,00, which is the difference.

① While the market price of the instant truck was KRW 85,00,000, the instant truck was KRW 11,500,000. However, since the instant accident occurred, KRW 73,500,000, which constitutes the amount of the exchange value reduction, ② The vehicle dog expenses of KRW 1,200,000, ③ The freight freight of KRW 200,000, ③ The freight freight of KRW 4,926,600, which was operated for 40 days during the repair period, was damaged due to the tort.