1. The judgment of the court of first instance is modified as follows.

The plaintiff (Counterclaim defendant) shall pay 230,738,070 won to the defendant (Counterclaim plaintiff).

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that the instant accident occurred due to negligence on the part of the Defendant’s driver who neglected to perform his duty of care, and thus, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for all damages incurred by the instant accident pursuant to Article 724(2) of the Commercial Act.

B. Article 63 of the Road Traffic Act provides that pedestrians shall not pass or cross the motorway, and thus, a driver of a motor vehicle operating motorway has no duty of care to drive the motor vehicle while preparing for allowing pedestrians to pass or cross the motorway, except in extenuating circumstances.

Therefore, even if a driver caused an accident by shocking a victim crossing a motorway, barring special circumstances where the driver could anticipate such unauthorized crossing from a considerable distance, and where the driver was in accordance with such circumstances, he/she could avoid a collision with the victim if he/she immediately reduced or she was in charge of an accident, it cannot be deemed that the driver was at fault on the part of the driver, barring special circumstances where the driver could avoid a collision with the victim.

In light of the above legal principles, in light of the following circumstances, it is reasonable to deem that the instant accident occurred as a whole by negligence of the Plaintiff, and on the other hand, it does not seem that the Defendant vehicle could escape from collision with the Plaintiff. Thus, the Plaintiff’s above assertion is without need to consider the remainder of the argument.