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

The defendant shall pay to the plaintiff KRW 19,465,017.

The grounds of appeal are examined.

1. As to the ground of appeal on the 1,232,00 won of disability benefit materials

A. The main text of Article 87(1) of the Industrial Accident Compensation Insurance Act provides that “Where insurance benefits are paid by a disaster caused by an act of a third party, the Corporation shall subrogate the third party to the claim for damages against the person who received the benefits within the limit of the benefits.”

Here, “the claim for damages against a third party by the recipient of benefits” is limited to those of the same nature as the insurance benefits paid by the Korea Labor Welfare Corporation and mutually complementary relationship.

However, since consolation money is not compensated by insurance benefits prescribed by the Industrial Accident Compensation Insurance Act, the Korea Workers' Compensation & Welfare Corporation cannot subrogate the right to claim compensation for consolation money based on insurance benefits under the Industrial Accident Compensation Insurance Act

(see, e.g., Supreme Court Decision 2014Da233626, Sept. 24, 2015). (B)

The judgment below

According to the reasoning and records, around 10:00 on July 5, 201, A and B, who are employees of Taesan-si Co., Ltd., were involved in the instant accident while on the spot while being on board the instant vehicle owned by the said company, which was operated by the said company, and was on the spot.

C. Examining the above facts in light of the legal principles as seen earlier, first of all.