1. The Defendant’s KRW 133,200,000 for the Plaintiff and 5% per annum from November 24, 2017 to January 15, 2018.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile comprehensive insurance with Nonparty B.

B. Nonparty C, the son of the above B, was a soldier serving in the Army, and was injured by the brates on the roads near the 15th class group of the 15th class group of the Hawon-gun of the Kangwon-gun on October 14, 2017, and on the roads near the 2nd group of the 15th group of the 15th group of the Hawon-gun, for the purpose of the field shooting training.

C. The automobile comprehensive insurance of the above B contains a special agreement for compensating for damage caused by an uninsured automobile, and C is also an insured person who is a child.

The Plaintiff paid 133,200,000 won to C on November 23, 2017 with respect to the damage incurred by the instant accident caused by the said military vehicle, which is an insured automobile, in accordance with the foregoing non-insured injury security agreement.

[Reasons for Recognition] Evidence A1 to 10, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff acquired the claim for damages that C has against the Defendant within the limit of KRW 133,200,000 of the insurance money it paid pursuant to Article 682(1) of the Commercial Act.

On the other hand, the defendant asserts that C did not have the right to be subrogated by the plaintiff pursuant to the proviso of Article 2(1) of the State Compensation Act because C was a soldier at the time of the accident in this case.

Article 2 (1) of the State Compensation Act, "The State or local government shall be a public official or a person entrusted with public service, or a person entrusted with public service, (hereinafter referred to as "public official").

)In the event that any person is harmed by intention or negligence in violation of the laws and regulations, or is liable for damage under the Guarantee of Automobile Accident Compensation Act, the person shall compensate for the damage under this Act.

Provided, That where a soldier, civilian military employee, police officer, or member of a reserve force has been killed in action, killed in action, or injured in the course of performing his/her duties in battle, training, etc.