1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to the vehicle Crashing vehicle (hereinafter “instant vehicle”).

B. The Defendant has been doing close sales business, such as pipes, etc., with the trade name “E” at the factory located in Silung-si D (hereinafter “instant factory”).

C. On July 9, 2013, on the instant vehicle parked in the factory site of the instant case, there was an accident in which metal scrap dust was buried (hereinafter “instant accident”). D.

On August 12, 2013, the Plaintiff, as the insurer of the instant vehicle, paid a total of KRW 1,423,110 to the instant vehicle maintenance business, etc. in Korea, a stock company, around August 12, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4, 14, 18, 19, 21, Eul's evidence No. 1 (including each number), part of witness B of the first instance trial, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was damaged by being buried in the instant vehicle that was parked near the dust dust, and the Plaintiff paid a total of KRW 1,423,110 as the insurer of the instant vehicle with the repair cost. As such, the Defendant is obliged to pay the Plaintiff the total amount of damages paid by the Plaintiff pursuant to the insurer subrogation provision under Article 682 of the Commercial Act, including KRW 1,423,110.

B. The Defendant’s allegation that the metal scrap was buried in the instant vehicle is not attributable to the Defendant’s plant. Thus, the Defendant is not liable for damages related to the instant accident.

3. We examine the following circumstances, i.e., the accident site of this case where factories are concentrated and there are a number of companies with the same type of business as the defendant in the process of the work, i.e., the accident site of this case where there are a large number of companies with the same type of business, and ii the vehicle of this case is the vehicle of this case.