A. The Plaintiff is an insurer who entered into a "user compensation liability insurance contract" with Honam Company Co., Ltd. (hereinafter referred to as the "Nonindicted Company"), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to A PPcar vehicles (hereinafter referred to as the "Defendant vehicle").

B. On October 25, 201, Nonparty Company was awarded a contract for concrete building works (hereinafter “instant construction works”) among the new construction works, from the Heavy Escke Development Co., Ltd.

C. C around December 31, 201, around 09:30 on December 31, 201, the instant construction site was engaged in driving and working on the Defendant vehicle at the site of the instant construction site, but the ground was subsidenced by melting the iced floor where the instant vehicle was located.

On the other hand, at a place where approximately 20 meters away from this place, the victim D, who was certified as concrete victim of the non-party company, was engaged in concrete typing work, and there was an accident of shocking D's booms connected to the defendant's vehicle, with the booming of the ground.

(hereinafter “instant accident”). D.

D due to the instant accident, D suffered bodily injury, such as the cutting of the upper frame, the structural frame of the inner wall, and the structural frame of the two floors, etc., and the Plaintiff paid KRW 92,254,565 [127,583,207 [127,583,207, (222 days of monthly operation, and 60 years of maximum working age in a report on wage status survey issued by the Korea Construction Association)] as damages for D’s damages, < Amended by Act No. 1192, Jul. 3, 2013> (20% of disability benefits: 22,484,00 won: 4,00 won of disability benefits; 12,672,00 won of consolation money: 12,67,000 won of consolation money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1-1, the purport of whole pleadings

2. Determination

A. According to the defendant's liability for damages and the plaintiff's subrogation recognition of the defendant's insurer, C, the driver of the defendant's vehicle, confirms the ground condition of the floor where the above vehicle has an abundry, and there is any problem on the ground.