1. The plaintiff's claim is dismissed.

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

Facts of recognition

The Plaintiff is the owner of the dump truck B (hereinafter “instant dump truck”). The Defendant is the insurer who entered into a comprehensive motor vehicle insurance contract with D, the owner of Cump truck (hereinafter “dump truck”).

around 15:30 on June 18, 2015, E, the land owner of the instant searcher, carried concrete in a reflectr condition in loading the instant truck at the construction site of F at the time of inn, and then put it into a dack (production and installation of road separation wall) after cutting the concrete in a daccing machine with a dacket.

At the time, the excavation search of this case was carried out under the condition located on the rear side of the truck of this case.

However, while the above work was conducted, D, which was in the driver's seat of the truck of this case, was loaded down after the truck of this case, and the concrete of this case was laid down with the rear door of the loading box, and was accumulated down.

(hereinafter “instant accident”). After the instant accident, D and E talked about the instant accident that occurred on a vehicle respectively, D were involved in the instant accident, and D left the dump truck in the instant accident.

After the above accident, it was found that the right side frame and argushes of the excavation machines of this case are displayed below and part of it is divided.

(Reasons for Recognition) Facts without dispute, Gap's statements or images, witnesses E and D's testimony, and the purport of the whole pleadings, as a whole, of Gap's evidence 1 through 5, 8, 9, 11 (including each number).

The plaintiff D, despite the absence of E's signal, laid the front part of the loading box of the dump truck of this case, and opened the back door when concrete loaded on the loaded dump truck was cut off to the rear because it was not properly managed.

As a result, the back door was moved back to a high speed and turned down to the upper end by the middle force, and it was shocked by the right upper frame and turbling of the refacing machine of this case, and from the loading box.