1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Around May 10, 2014, the Plaintiff, who runs an insurance business, concluded an automobile insurance contract with the insurer that provides collateral for B vehicles with a concrete dump vehicle A (hereinafter “Plaintiffs”) with respect to a large-scale compensation 1, large-scale compensation 2, and large-scale compensation, and the insurance period from July 29, 2013 to July 24:00 to July 29, 2014.

B. On May 10, 2014, around 18:40, at the Dwork Site located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant construction site”) where the Defendant is responsible for the management as a contractor of the project, E, a driver of the Plaintiff vehicle, driven the said vehicle and brought cement into the said cement by using the pressure above the upper floor level, and there was an accident that causes cement and gravel, etc. damage to the vehicles parked in the nearby parking lot (hereinafter “the first accident”) due to the said accidents (hereinafter “the second accident”). On May 28, 2014, around 14:00, the instant construction site had the same contents (hereinafter “the second accident”).

C. Upon receipt of the above insurance accident by A, the Plaintiff paid the insurance proceeds of KRW 17,052,200 in total to the persons related to the victim vehicle of each of the above accidents.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant is the person in charge of the construction site of this case. At the time of each accident of this case, the Plaintiff’s driver was engaged in the operation of the vehicle according to the direction of the supervisor at the construction site of this case. Thus, each accident of this case is caused by the Defendant’s negligence and the negligence of the Defendant

Therefore, the defendant is also liable for 50% of each of the above accidents. Thus, the defendant constitutes 50% of the part jointly exempted by the plaintiff by paying the insurance proceeds to the victim of the above accident.