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1. At around 15:00 on May 21, 2014, the protective walls installed and opened by the Plaintiff during the construction are adjacent to B, Dongbcheon-si with wind.
Reasons
1. Facts of recognition;
A. At around 15:00 on May 21, 2014, D, driving a CM7 car capacity owned by the Defendant (hereinafter “instant vehicle”) and proceeding from the east Dobcheon-si to the necessary mountain-water level at the east Dobcheon-si, and the defense wall installed by the Plaintiff came into the vicinity B at Dong Dobcheon-si, and became the wind and shock of the instant vehicle (hereinafter “instant accident”).
As a result, the front glass of the instant vehicle, the driver’s fluor, white, and dust was damaged.
B. The Plaintiff installed the above protection wall while doing construction of gas pipes at the center of the one-lane road near Dongducheon-si, and even though the protection wall should not be seen by wind, water is not properly collected from the protection wall, and the accident of this case occurred due to wind.
C. The Plaintiff spent 1,520,000 won for repair expenses of KRW 913,00,000 for repair expenses of KRW 200,000 for glass expenses of KRW 407,000 for the repair of the instant vehicle. The Plaintiff accepted the damaged parts of the instant vehicle. The Defendant spent 1,496,000 for siren expenses of KRW 1,496,000 for the repair period so that the Defendant may use other vehicles during the repair period.
[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 4 (including each branch number for those with a branch number) and the purport of whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff asserts that, as the instant vehicle was damaged due to the instant accident, all damages incurred to the Defendant, the Plaintiff did not exist. 2) The Defendant, around June 2014, intended to sell the instant vehicle to E in KRW 7,500,000, but the said vehicle was sold for the instant accident, and the Defendant sold the said vehicle in KRW 4,50,000 on July 4, 2014 due to the decline in the sales of the instant vehicle. The Plaintiff sold the said vehicle in KRW 4,50,000 to the Defendant.