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 a comprehensive motor vehicle insurance with respect to a motor vehicle A’s car (hereinafter “Plaintiff’s car”), and the Defendant is the occupation and manager of the Gyeongbu Highway.

B. At around 03:10 on January 17, 2015, the driver of the Cheongju-gu passenger vehicle B driven one lane at a point of 286.2 km Seoul, located in the Cheongwon-gu Scoo-gu, Seowon-gu, Seowon-gu, Seowon-gu, and stopped on the side after the shocking of C Driving D Launa car (hereinafter “victim”) which was stopped on the one-lane due to the preceding accident.

(C) On the other hand, approximately 6 minutes E driving the Plaintiff’s vehicle and driving it on the same road, neglected the duty of front-time care, led to the shocking of the damaged vehicle that was stopped due to the preceding accident and shocking C, and shocking the Fsch Rexton vehicle, which is the Defendant’s expressway patrol vehicle, parked on the right side of the road (hereinafter “the second accident”). The second accident was transferred to the hospital and received treatment at around 04:07 on the same day, and died of the blood frightening by the catus.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 6-1 through 6, Eul evidence 3, 5, and 6, the purport of the whole pleadings

2. Assertion and determination

A. G and H, the gist of the Plaintiff’s assertion, at the site of the first accident of this case, did not properly take safety and protective measures to prevent the second traffic accident, such as posting the patrol vehicle with light light light light light, to the front side of the damaged vehicle, or rapidly moving the vehicle to C, after having arrived at the site of the first accident of this case. The second accident of this case occurred concurrently with the negligence of the said members of the said expressway patrol team belonging to the Defendant and the negligence of the Plaintiff driver.

Therefore, the defendant, who is the employer of the above patrol unit, is the insurer of the plaintiff's vehicle, who paid the plaintiff KRW 259,730,340 in total of the medical expenses and agreed amount of the victim C.