A. The relationship between the parties (1) The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) between March 24, 2018 and CK5 automobiles owned by B (hereinafter “instant automobiles”) with respect to the insurance period from March 24, 2018 to March 24, 2019.

(2) Meanwhile, the Defendant is the road management authority having jurisdiction over the 19th national highways (hereinafter “instant roads”) leading to the same Gun resident in the South-west Coast Guard in the South-west Coast Guard.

B. (1) On September 29, 2018, subparagraph (1) B of the instant accident, while driving the instant car and driving the instant car along the two-lanes from the south Sea Eup along the instant road (section 2 lanes), the lower end of concrete separation zone (hereinafter “instant structure”) separating the road to be connected to the instant vehicle to the front side of the instant vehicle from the road to the moving side.

(The specific accident situation is the same as the above. (hereinafter referred to as the "accident of this case") B, due to the above accident, sustained injuries such as the left-hand fall away and the alley, etc., and the car of this case was scrapped as a result of serious damage.

(2) Meanwhile, the top of the instant structure at the time of the instant accident was installed with a obstacle sign (a yellow sign with an original reflect board), and there was a safety zone sign separating the roads to be connected to the instant road from approximately 50 meters prior to the point of the instant accident, which was marked with a safety zone sign distinguishinging the roads to be connected to the instant road on the surface, and four plastic blocking bars were installed at the end of the said safety zone.

C. From October 15, 2018 to May 31, 2019, the Plaintiff paid KRW 65,234,230 [17,690,030 (the instant insurance proceeds of KRW 39,10,000) with the insurance proceeds according to the instant accident (i) KRW 56,790,030 (the treatment fees of KRW 17,690,030), ② the vehicle total insurance proceeds of KRW 8,189,00, ③ the expenses for restoring the school to its original state, and KRW 255,200 (hereinafter “the instant insurance proceeds”).