1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revocation is dismissed.

2.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Plaintiff’s automobile B (hereinafter “Plaintiff’s automobile”), and the Defendant is the managing authority of the Western Highway.

B. On October 25, 2017, around 06:05-06:10, the driver of the Plaintiff’s vehicle was damaged by part of the central separation zone concrete upper part of the concrete body installed at a point 27 km in Seoul, the coast guard road, which was located at the point 27 km in the direction of Seoul, and caused damage to the vehicle due to the wind that the lighting was far away from the left side of the road on the front side of the first road (hereinafter “instant accident”).

C. Accordingly, on October 31, 2017, the Plaintiff paid KRW 1,772,570 to C Company, etc. the repair cost of the Plaintiff’s vehicle according to the insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. Determination

A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the defect in the preservation and management of the Defendant’s road that left away from the expressway without removing the concrete sculptures on the highway. Therefore, the Defendant, the managing body of the road at the location of the instant accident, is liable to compensate for the damage.

B. The construction or management defects of a road shall be determined specifically according to social norms by comprehensively taking into account all the circumstances such as the location of the road, structure of the road, traffic volume, traffic conditions in the event of an accident, etc., the current condition of the use of the road, such as the original purpose of the road, location and shape of the physical defect. If a traffic safety defect, which is the original purpose of the road, occurs by an act of a third party after the construction of the road, the maintenance defects of the road shall not be recognized just because such a defect is a defect, and such defects shall be removed by taking into account all the circumstances, such as the structure, location, and current use