1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. Around April 1, 2007, the Plaintiff entered into a contract for transportation with the so-called mixing truck owned by the Plaintiff to transport the ready-mixed produced by the said company to the construction site using the so-called mixing truck.

B. Around August 25, 2008, on the part of the Defendant Lando Co., Ltd. (hereinafter the Defendant insurance company) concluded an insurance contract with the content of compensation for damages in the event of occupational accidents on the part of ready-mixed articles, which were designated as an article of ready-mixed articles with the Defendant Lando Co., Ltd. (hereinafter the Defendant insurance company) and the insured as an article of ready-mixed articles that entered into a contract for transportation with the Defendants, Inc. (hereinafter the instant insurance contract).

C. On June 2, 2009, at around 10:30 on June 2, 2009, the Plaintiff loaded ready-mixed trucks owned by the Plaintiff (C; hereinafter the Plaintiff’s truck) and arrived at the E construction site located in Gwangju-si D (the construction site of this case), and Defendant B, who is the Plaintiff’s partner, supplied ready-mixeds to concrete typ pumps for construction works, arrived at the above construction site.

At the time of the completion of the supply of ready-mixeds to the pumps, the Plaintiff operated a ready-mixed truck operated by Defendant B according to customary practice, but the supply of ready-mixeds was discontinued, and the Defendant B, which caused the Plaintiff’s injury to the head (hereinafter, the instant assault accident), was caused by the wind that Defendant B sold back water to the Plaintiff due to drinking.

On March 31, 2010, the Plaintiff filed a lawsuit against the Defendant B for the payment of KRW 17,439,713 (the treatment cost of KRW 2,439,713, consolation money of KRW 15 million) as damages from the instant assault accident (the first lawsuit). The Plaintiff filed a lawsuit against the Defendant B until October 31 of the same year.