1. The Defendant’s KRW 21,325,010 as well as the Plaintiff’s annual rate of 5% from December 6, 2017 to June 16, 2020, and the following.

1. Facts of recognition;

가. B는 2017. 10. 21. 00:40경 C 차량(이하 ‘이 사건 차량’이라 한다)에 친언니인 D를 태우고 이 사건 차량을 운전하여 충남 태안군 E에 있는 ‘F’ 옆 도로를 ‘G펜션’ 방면에서 안면 방향으로 운행하던 중 진행 방향 전방의 ‘ㅜ’형 도로에서 좌회전하였어야 함에도 좌회전하지 못하고 우측 1시 방향의 방호울타리가 끝나는 부분을 통해 왼쪽의 4m 아래의 하천으로 추락하였고(이하 ‘이 사건 사고’라 한다), 이로 인하여 D가 사망하였다.

B. The Plaintiff, as an insurer who entered into an automobile comprehensive insurance contract with B and C, paid a total of KRW 213,250,100 to D’s bereaved family members by December 5, 2017.

[Reasons for Recognition] The descriptions and images of Gap evidence Nos. 1, 3 through 17, Eul evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s ground of appeal is a road managed by the Defendant, and the Defendant is negligent in installing a protective fence and installing a warning phrase or a dangerous sign. Thus, the Defendant is liable to compensate for damages caused by the instant accident as a road management authority.

Therefore, the defendant is obligated to pay the plaintiff who acquired the claim for damages in accordance with the legal principles of subrogation by the insurer with the amount of indemnity equivalent to 69,975,100 won and delay damages equivalent to 30% of the defendant's negligence.

(2) The Defendant is not the manager of the road at the location of the instant accident.

In addition, the location of the accident is not a road to which the Road Act or the Road Traffic Act applies, and the defendant does not bear the management obligation in accordance with the Road Act or the Road Traffic Act, and the accident of this case is not a defect of a road but a driver, a driver, or a drunk driver.

B. (1) Determination is based on the Defendant’s management obligation.