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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Defendant for D vehicle (hereinafter “Defendant vehicle”) with respect to C vehicle (hereinafter “Plaintiff vehicle”).

B. On November 13:10, 2018, while the Plaintiff’s vehicle was proceeding with the end of the Maban-dong, Nam-gu, Busan Metropolitan City (hereinafter “instant accident”), there was an accident in which the Plaintiff’s vehicle sprinks from the loading box of the Defendant’s vehicle, which had been driven by the Plaintiff’s vehicle (hereinafter “instant drop”) sponsed against the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On November 27, 2018, the Plaintiff paid KRW 753,540 at the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, Eul 4, and the purport of the whole pleading

2. The assertion and judgment

A. The accident of this case caused by the collapses away from the Plaintiff’s vehicle loaded on the Defendant vehicle is due to the total negligence of the Defendant vehicle, and thus, the Defendant vehicle driver is liable to compensate for the total repair cost of this case.

B. Even based on the video of the evidence No. 4 No. 4, it is difficult to find out what material material occurred at the time of the instant accident.

Rather, according to the statement of the transportation investigator (Evidence A4) prepared by the Busan Southern Police Station in charge of the transportation investigator belonging to the Busan Southern Police Station, it is reasonable to view that the driver of the defendant vehicle had no intention or negligence to ask for tort liability in relation to the occurrence of the instant accident.

C. Accordingly, the Plaintiff’s assertion based on the premise that there was negligence on the instant accident to Defendant vehicle drivers is without merit.

3. Thus, the plaintiff's claim against the defendant shall be dismissed as it is without merit, and the judgment of the court of first instance which is delivered with this conclusion shall be delivered with the judgment.