A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with F Co., Ltd. with respect to the G vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the manager of 360 local highway 360.

나. H은 2016. 10. 14. 11:40경 혈중알코올농도 0.045%의 상태에서 원고 차량을 운전하여 파주시 광탄면 부흥로 402 소재 우로 굽은 360호 지방도(편도 1차로, 이하 ‘이 사건 도로’라고 한다)를 진행하던 중 미끄러지면서 중앙선을 넘어 마침 반대편 차로에서 진행하던 I이 운전하는 J 차량(이하 ‘피해 차량’이라 한다)을 충돌하였고, 피해 차량은 도로 가장자리로 튕겨져 우측의 가드레일형 방호울타리를 타고 넘어가 논으로 추락하였다.

As a result, I died of the driver of the damaged vehicle, K of the driver of the plaintiff vehicle, and the driver of the damaged vehicle caused serious injury to the driver, and the plaintiff vehicle and the damaged vehicle were considerably damaged.

C. The Plaintiff paid KRW 44,760,00 for the repair cost of the Plaintiff’s vehicle and KRW 52,309,230 for the Plaintiff’s passenger, and KRW 44,016,210 for the agreement of the driver of the victimized vehicle due to the second accident, KRW 7,239,10 for the repair cost of the damaged vehicle, KRW 41,81,350 for the respective insurance proceeds.

[Based on recognition] Each description or image of Gap evidence 1 through 5, 7, 9 through 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. The instant road that the Plaintiff asserted and managed by the Defendant was installed is a hacker, which is up to 80 degrees of wheel angle, and has a dick-type protective fence installed at the edge of the road outside of the road, but there is a stone protective wall installed in front of the low protective fence, and there was no traffic safety sign informing a hacker road on the front side of the road.

In this case.