1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the owner of the ready-mixed vehicle (hereinafter “instant ready-mixed vehicle”) and the Defendant is the owner of the D ready-mixed vehicle.

The plaintiff and the defendant use each of the above ready-mixed vehicles to perform the contracted work from the limited liability company and to pay the contract price.

B. Around 20:00 on April 3, 2015, the Defendant: (a) caused a traffic accident involving the collision of the instant ready-mixed vehicle parked while driving the D ready-mixed vehicle at the site of the landing construction work of the ship at the coastwise of the limited liability company located in the Nando-gun, Nando-gun, Nando-gun.

(hereinafter “instant accident”). C.

On May 4, 2015, the Plaintiff purchased a new ready-mixed vehicle on May 4, 2015, and scrapped the instant ready-mixed vehicle on May 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged by Paragraph 1, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.

B. 1) The Plaintiff’s assertion that active damage is attributable to the Plaintiff. The Plaintiff was scrapped the instant ready-mixed vehicle due to the instant accident.

Therefore, the Defendant is obligated to compensate for KRW 15,000,000, which is the market price of the instant ready-mixed vehicle.

B) The Plaintiff was unable to operate the instant ready-mixed vehicle for one month due to the instant accident. Therefore, the Defendant is obligated to compensate the Plaintiff for the amount of KRW 3,600,000 for the loss of business suspension. 2) As to the positive damage (i.e., the ordinary damage due to a tort generally caused by a tort is the market price at the time of the loss where the article was destroyed, and the cost of repair or restoration if it is possible to repair or restore the article to its original state.