1. The Plaintiff (Counterclaim Defendant) paid KRW 77,517,583 to the Defendant (Counterclaim Plaintiff) and its related amount from April 15, 2014 to September 23, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. At around 13:59 on April 15, 2014, C, while driving D vehicles on the two-lane road near Masan-si B, Osan-si, and working on the cargo vehicle on the two-lane road along the two-lane road from the Osan-si, the Defendant, who was discharged from the two-lane road, was waiting for the work on the repair of the road and on the one-lane road while working on the cargo vehicle on the two-lane road.

(hereinafter “instant accident”). (b)

The defendant suffered injuries, such as guard flaver pulverization, etc., due to the accident in this case.

C. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C with respect to D vehicles.

[Reasons for Recognition] Facts without dispute between the parties, entry of evidence Nos. 1, 3, 4, and 7, the purport of the whole pleadings

2. Determination

A. Comprehensively taking into account the occurrence of liability for damages, the above fact of recognition and the purport of the entire pleadings as a result of the verification by the court of this case, C is recognized as negligence of neglecting the duty of care at the time of the instant accident and failing to properly operate the brake system. Therefore, the Plaintiff is liable to compensate the Defendant for the damages suffered by the Defendant due to the instant accident under Article 724(2) of the Commercial Act.

However, the defendant's negligence, who was in his own first-lane without considering the surrounding traffic condition at the time of the accident, was a major cause for the occurrence and expansion of the damage caused by the accident in this case.

Therefore, in consideration of the above circumstances, the plaintiff's liability is limited to 30%.

(b) Personal data (1) scope of compensation for damages: The income standard for male, date of birth, E, age 42 years and 7.85 years and 37.85 years old at the time of the accident: The monthly income of ordinary people out of the following daily income calculation table; c) the rate of loss of labor ability between April 15, 2014 and August 28, 2031, which are the date of the instant accident, from April 15, 2014 to April 15, 2017: the rate of loss of labor ability: 33.28% from April 15, 2014 to April 15, 2017; 18.63% from April 16, 2017 to August 28, 2031: