1. Execution based on the payment order of the defendant against the plaintiff was made on February 2, 200.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Plaintiff vehicles”). The Defendant is a wired and wireless telecommunications company, which installs and manages cables installed at the following accident site.

B. On November 19, 2019, while the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle loaded with the deaf Organization and is proceeding with the road in front of Kimhae-si, the driver of the Plaintiff’s vehicle shocked the cables owned and managed by the Defendant, installed in the above airspace, and caused the occurrence of the accident, which led to the damage of the Plaintiff’s vehicle beyond the utility pole who was receiving the said cables from the Defendant (hereinafter “instant accident”).

The cable at the accident site was marked with a mark 4.5 meters from the ground.

C. The Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 6,519,200,00 for repair costs, such as utility poles, etc. caused by the instant accident, and the payment order ordering the Plaintiff to pay the said amount was issued on January 14, 2020, and this became final and conclusive due to the Plaintiff’s lack of objection.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Although the above cables managed by the plaintiff defendant should be installed at a height of at least 4.5 meters on the ground, the above cables installed at a lower level than that of the defendant's negligence in managing them and the accident of this case occurred, the plaintiff is not obliged to pay the insurance money due to the accident of this case to the defendant.

B. Cables managed by the Defendant maintained a height of not less than 4.5 meters on the ground, rather than that, the Plaintiff’s vehicle loaded a farming machine excessively high in violation of the loading standard 4 meters, and the instant accident occurred due to the negligence that the Plaintiff’s vehicle driven slowly or proceeded at a rapid speed without temporary stop.