1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has entered into a construction machinery automobile insurance contract with the B excavationers owned by A (hereinafter “instant excavationers”), and the Defendant is an insurer who has entered into a cargo vehicle insurance contract with the D scrapers Co., Ltd. (hereinafter “instant scrapers”).

B. C around 05:43 on January 22, 2016 upon the request of the borrower of the instant search and seizure, around 05:43, the instant search and seizure engine was moved to the access road adjacent to the access road located adjacent to the Gangseo-gu Busan, Gangseo-gu, Busan. Since C parked the instant search and seizure engine on the said search and seizure, E, an auxiliary engineer, driven the instant search and seizure engine and parked on the ground during the course of parking. (hereinafter “instant accident”).

C. On November 25, 2016, the Plaintiff paid KRW 110,000,000 insurance money related to the instant accident to F, the inheritor of E, as an insurer for the instant diggingman.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant accident occurred in the course of the instant Traler’s unloading of the instant Traler, which is an accident due to the operation of the instant Traler. Therefore, the Defendant, who is the insurer of C and the said Traler, shall be liable for damages in accordance with Article 3 of the Guarantee of Automobile Accident Compensation Act.

Since the Plaintiff, the insurer of the instant excavation machines, has jointly discharged the Defendant’s liability by paying KRW 110,000,000 for damages to his heir, the Defendant is liable to pay the Plaintiff the amount of KRW 55,000,000, which is the part to be borne by the Defendant, to the Plaintiff.

B. Determination of motor vehicle accident compensation.