1. The Defendant: (a) KRW 26,512,134 for the Plaintiff and KRW 5% per annum from July 11, 2015 to November 30, 2016; and (b) for the Plaintiff.

1. Facts of premise;

A. A was employed by the Gwangju National Road Maintenance and Construction Management Office on September 13, 2010, and performed road side packing repair works on the C-owned National Road No. 24 line prior to the C-owned National Road in Jeonsung-gun.

B. At around 14:27 on the same day, D, while driving a freight truck and driving in the opposite direction while driving in the middle side of the three-lanes of the national highways of the above national highways, was negligent in driving as it did not see the working person who sent water at the front side of the construction site of the above construction site, while driving in the opposite direction. A, who is performing road repair works, was receiving the above cargo vehicle from the above cargo vehicle, and suffered from injury, such as the injury of the left side of the cargo vehicle, the bones of the bones, and the blood transfusion, etc.

(hereinafter “instant accident”). C.

The defendant is an insurer who has entered into a comprehensive automobile insurance contract regarding the foregoing cargo vehicle.

The Plaintiff paid A temporary layoff benefits amounting to KRW 28,955,010, medical care benefits amounting to KRW 15,58,640, and disability benefits amounting to KRW 24,686,940.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the defendant is liable to compensate A for damages caused by the instant accident pursuant to Article 724 of the Commercial Act.

B. It cannot be expected that A, who was engaged in road repair work at the location of the instant accident, should avoid the vehicle in advance by examining whether a vehicle is coming from, and thus, A’s care cannot be recognized.

3. Scope of occurrence of the plaintiff's right to indemnity

A. The Plaintiff of the right to indemnity may, by paying temporary layoff benefits, medical care benefits, and disability benefits as above, exercise by subrogation the right to claim damages against the Defendant of A, the subject matter of which is the same as each of the above insurance benefits, within the limit of the amount of each insurance benefits pursuant to Article 87(1)

Supreme Court Decision 201Da1448 delivered on January 24, 1997