1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

As a federation established pursuant to Article 50 of the Trucking Transport Business Act, the purpose of the plaintiff is to guarantee liability for damages caused by a trucking transport business entity's accident.

The non-party DamP Co., Ltd. (hereinafter “the non-party DamP”) is a member of the Plaintiff, and the Plaintiff entered into an insurance contract with the non-party 1, and with respect to the operation of the non-party A truck owned by the non-party 2 (hereinafter “the instant Gam”).

The defendant is a company for the maintenance, repair, etc. of an expressway, and is the owner of B (hereinafter referred to as the "victim of this case").

On May 28, 2015, as the Defendant’s employee, he stopped on the side at a point 114 km away from the parallel line of the coast guard, which is located on the west-gun, Northwest-gun, west-gun, and unloaded from the instant damaged vehicle to carry out the maintenance and repair work of the said expressway. AD driving the instant damaged vehicle did not look at, and proceeding from, the said D having driven the instant damaged vehicle, and subsequently, the deceased was shocked from the front part of the instant damaged vehicle to the front part of the instant damaged vehicle.

(hereinafter “the instant accident”). The instant accident destroyed the part of the driver’s seat of the damaged vehicle, and the Deceased died.

On September 25, 2015, the Plaintiff paid 91,400,000 insurance money to the bereaved family members of the deceased (i.e., consolation money of KRW 60,000,000 (i.e., KRW 31,40,000).

The bereaved family members of the deceased receive the survivor pension from the Korea Labor Welfare Corporation.

94,900,000 won shall be the survivor pension paid by the Korea Labor Welfare Corporation to the bereaved family members of the deceased in a lump sum.

In relation to the instant accident, the Korea Workers’ Compensation & Welfare Service considers that the negligence rate of the instant damaged vehicle is zero percent, and thus, the instant Lives Vehicle.