A. On July 1, 2018, B: (a) driven the instant vehicle on a vehicle QM5 (hereinafter “instant vehicle”) with D, E, F, and G carrying the instant vehicle, and then falling into the drain pipe part of the drain hole where no broom is installed, while driving the instant vehicle at a point of 62.5 km near the Jinju-si (H), at a point of 62.5 km near the Taeju-si High Expressway, while driving the instant vehicle on the two-lanes.

(hereinafter “instant accident”). (b)

The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with B as the insured, and entered into an automobile comprehensive insurance contract with the husband of the Plaintiff in addition to the limited-liability agreement with the husband. By July 8, 2019, the Plaintiff paid KRW 526,326,350 in total, including medical expenses, agreed money, and vehicle damages.

C. The defendant is the managing authority of the above expressway, which is the place of the accident of this case.

[Based on the recognition] The descriptions and images of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred in B, the driver of the vehicle of this case, and in order to prevent the safety of the vehicle and the risk of accidents, the defendant must install a protective fence in the case where the same waterway as the drainage hole adjoins to the vehicle. ② Although the defendant had installed a warning phrase or a warning sign, the error that did not install it occurred concurrently. Since the defendant, the joint tortfeasor, as the joint tortfeasor, was also liable for damages to the victims, the defendant is obligated to pay 50% out of the amount paid by the plaintiff

B. (1) Determination (1) Article 50 of the Road Act and the Ordinance of the Ministry of Land, Infrastructure and Transport enacted by the Ministry of Land, Infrastructure and Transport pursuant to the “Rules on Standards for Road Structure and Facilities” as the Ministry of Land, Infrastructure and Transport’s main purpose is to prevent vehicles that deviate from the normal course of driving along the road due to out-of-way, large lanes or sidewalks, etc.; at the same time, to reduce the harm of passengers and the damage of cars to the minimum extent to return the vehicle to the normal direction.