1. The Defendant’s KRW 5,408,758 and KRW 54,116,00 among the Plaintiff’s KRW 55,408 and the Plaintiff’s KRW 1,292,758.

1. Facts of premise;

A. On April 11, 2014, at around 10:22, the vehicle A (hereinafter referred to as “accidented vehicle”) went along two lanes (road name degradation; hereinafter referred to as “instant road”) of the Defendant’s management, which was located on B of the racing-si, from the terminal four-distance protection area to the Yellownam Resident’s Center Distance, the vehicle A turned out of the road to the right side and fell down on the road course to the drainage of the road (hereinafter referred to as “instant accident”).

As a result, one of the four passengers of the accident vehicle died and three was injured, and the accident vehicle was disseminated.

B. The Plaintiff paid KRW 270,580,00 as insurance money to the victims of the instant accident on May 28, 2014, and KRW 6,463,790 as total by December 12, 2014.

[Grounds for recognition] Class A, Nos. 1, 2, 5, 7, 8, 9 (including paper numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff's assertion was defective in installing and managing the road of this case, which lacks ordinary safety and caused the accident of this case. Thus, the defendant, who is the installer and manager, bears 80% of the liability for damages caused by the accident of this case pursuant to Article 5 of the State Compensation Act.

The Plaintiff acquired the right to claim damages against the Defendant of the victims of the instant accident pursuant to Article 682 of the Commercial Act by paying insurance money as stated in the premise facts.

Therefore, the Defendant is obligated to pay the Plaintiff the “compensation amount equivalent to 80% of the insurance money paid by the Plaintiff”.

B. The Defendant’s assertion that the instant road had “the relative safety expected to use the common and orderly method of road users,” and thus, there was no defect as alleged by the Plaintiff. The instant accident was wholly caused by the negligence of the driver of the vehicle involved in the accident, and thus, the Defendant did not have any defect.