A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A vehicles, and the Defendant is the construction and management of Pyeongtaek-si Highway and Dok Highway in which the instant traffic accident occurred.

B. On April 13, 2012, B driving a vehicle A at around 01:37, and driving the two-lanes of the two-lanes in the southan ICT from the surface of the Highway to the southanIC, and changing the two-lanes into the one-lanes in the vicinity of the half-class tunnel, which led to a traffic accident (hereinafter referred to as the “traffic accident in this case”) where the said vehicle was cut off to the right side of the central separation zone, and the said vehicle was cut off to the right side of the road, which led to a shock of the concrete protection fence installed on the right side of the road and escaping from the road (hereinafter referred to as “the instant traffic accident”).

C. The Plaintiff paid KRW 485,146,040 to the victims of the instant traffic accident as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 8, the commission of appraisal and fact-finding by this court, the purport of the whole pleadings

2. Determination

(a) The construction, management, and preservation of a road shall be specifically determined according to social norms, comprehensively taking into account all the circumstances, including the location of the road and other location conditions of the road, structure of the road, traffic volume, and traffic conditions at the time of the accident, the situation of the use of the road and the original purpose of the use thereof, and the location

B. The following circumstances acknowledged by the above facts and the evidence revealed, namely, (i) according to the guidelines for the installation and management of road safety facilities, the protective fence is required to be installed continuously except in extenuating circumstances; (ii) the vehicle’s shocks are likely to cause damage to a short part; and (iii) the vehicle is required to either extend the short part or fix it to other type of facilities; and (iv) if the short part is extended by approximately 23 meters, the short part may not have occurred.