1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court’s 2014 Ghana 590896 dated July 22, 2014.

1. A basic fact that has no dispute;

A. A, around 18:40 on March 10, 2014, operated B vehicles (hereinafter “Defendant vehicles”) and shocked the top lids of the Manlele lid exposed to road packing works, which was exposed due to road-related construction works, while passing the road construction site at the entrance of the outer circulation and sub-section of the road (459-gil, Dong-gu, Dong-gu, rine-ro, e.g., the outer circulation and sub-section.

As a result, there was an accident in which A suffered an injury because the lower part of the Defendant vehicle was destroyed and airbaged (hereinafter referred to as the “instant accident”).

B. The Defendant is an insurance company that entered into an automobile insurance contract with the Defendant, and the Plaintiff is the company that completed the construction of the Han River Basin Sewage Maintenance Corporation on January 5, 2014 with respect to the place where the instant accident occurred from the Korea Environment Corporation.

C. The Defendant asserted that the Plaintiff is the manager and supervisor of the road, which is the place where the instant accident occurred, and filed a claim with the Seoul Central District Court for reimbursement of KRW 1,901,610 for the insurance proceeds that the Defendant paid to A (2014 Ghana 590896). On July 22, 2014, the above court rendered a decision of performance recommendation (hereinafter “decision of performance recommendation of this case”) that accepts the Defendant’s claim, and the decision of performance recommendation of this case was finalized around that time.

2. The assertion and the judgment thereof

A. The gist of the Plaintiff’s assertion 1) around March 10, 2014, when the instant accident occurred, the subject who managed and supervised the place where the instant accident occurred is not the Plaintiff, but Bosung Construction Co., Ltd.. In addition, the Plaintiff completed construction with wastewater pipes around January 5, 2014, and at the time, Bosung Construction Co., Ltd was conducting packing construction on the road, which is the place where the instant accident occurred. Therefore, compulsory execution based on the instant performance recommendation decision under the premise that the Plaintiff is the manager and supervisor of the place where the instant accident occurred should be denied. 2) Of the evidence No. 3 (Notification of Change to Construction Contract) of the Defendant’s assertion, the Plaintiff’s alteration of the term of completion is difficult.