1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A for his vehicle B (hereinafter “instant vehicle”).

B. From November 2014, the construction of the section in which the Defendant and the Korea Land and Housing Corporation completed the construction of the section between the Donsan-do and the Donyang-do road (hereinafter “instant road”) and the construction of the section in which the Korea Land and Housing Corporation was in charge was completed, the construction of the section in which the Korea Land and Housing Corporation was in charge was not completed, and thus, the roads adjacent to the Yangsan-do Donsan-si (hereinafter “instant road”) were temporarily opened and operated.

C. A, around 00:35 on December 7, 2015, when driving the instant vehicle and driving from the direction of Seoul to the direction of the strengthening side of the instant road, operated directly without verifying that the said road is bending to the right side and dealt with an accident that occurred before the said road, he/she shocked C and D with the front part of the said vehicle, which was parked (hereinafter “instant accident”). D.

Due to the instant accident, C suffered bodily injury, such as the bridge of a bridge that requires 12 weeks of prefeit and the ductal ductal colony, and D suffered bodily injury, such as multi-scopic typrying, which requires 2 weeks of prefeit, and damaged the vehicle owned by the victims.

E. By September 6, 2016, the Plaintiff paid KRW 161,643,210 in total with the insurance money to the victims who suffered from the instant accident with the personal and substitute damages.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The instant road, in which the Plaintiff’s assertion occurred, was temporarily opened even though the instant road was an open road, and the instant road was rapidly opened at the right section, and the street lamps were not projected even though the valleys were inferior to the right section.