1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The plaintiffs' lawsuit acceptance.

1. Basic facts

A. Around 14:20 on February 20, 2012, G vehicle driven by F (hereinafter “instant accident vehicle”) stopped at a point of 339 km the upper right line of the first main expressway in Gwangju-si, Gwangju-si, and requested the Korea Highway Corporation to tow the said accident vehicle.

B. H, upon receiving the above contact, driven an I vehicle (hereinafter “instant towing vehicle”) and arrived at the point of the said stop, and attempted to tow the said vehicle and move it to a close vehicle maintenance shop.

C. While the towing vehicle towing the said vehicle and operating approximately 200 meters of the said vehicle, the said towing vehicle caused a fire on the said vehicle (hereinafter “the instant fire”) and caused damage to the asphalt surface and concrete storage walls in the said fire site (hereinafter “the instant damaged facility”). D.

On the other hand, the accident vehicle entered into the automobile insurance contract with the case accident insurance, and the above towing vehicle is subscribed to the defendant who is the mutual aid association.

E. The Defendant’s person in charge requested A to recover the damaged facilities of this case, and the Plaintiff constructed the aforementioned damaged facilities from May 21, 2012 to June 4, 2012. The construction cost is KRW 5,313,000.

F. A died on July 22, 2015, during which the instant lawsuit was pending, and Plaintiff B is the spouse of Plaintiff A, and Plaintiff C, D, and E took over the instant lawsuit as the children of Plaintiff C, D, and E.

[Ground of recognition] Evidence Nos. 2, 3, Eul evidence Nos. 1, 2, Eul evidence Nos. 1, 1, and 1, each of Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that the defendant and the defendant should jointly pay the construction cost of KRW 5,313,00 and the delay damages.

B. The Defendant alleged that the instant fire occurred due to the mechanical defect of the instant vehicle.