1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

1. Facts of recognition;

A. The party-related Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A with respect to B carren vehicles owned by it (hereinafter “Plaintiff vehicle”).

B. On June 7, 2014, A was driving the Plaintiff’s vehicle on or around 17:20 on June 7, 2014, and, at the same time, it was passing through the direction of the main distance from the parallel Tri-dong, Nam-gu, Incheon Metropolitan City.

The central separation cost was installed at the center of the road to the end of the access road in the above underground street exit.

A, at the point of termination of the center separation cost above the invasion (hereinafter referred to as the “accident point”), a pedestrian who crosses a road without permission from the left side of the Plaintiff’s vehicle to the right side of the road, was shocked into the front side of the driver’s seat of the Plaintiff vehicle.

On August 14, 2014, when receiving treatment at a hospital, the pedestrian died on August 14, 201 as a direct death.

(hereinafter “instant accident”).

C. By April 29, 2015, the Plaintiff paid the insurance proceeds of KRW 1,042,290 with the repair cost of the Plaintiff’s vehicle, and KRW 87,351,640 with the aforementioned pedestrian’s treatment cost and agreement amounting to KRW 88,393,930 with the insurance proceeds.

[Reasons for Recognition] Unsatisfy, Gap 1-8 evidence (including the whole number), the purport of the whole pleadings

2. The point where the Plaintiff’s assertion on the cause of the claim is at the end of the central separation cost installed on the access road to the underground lane, which is anticipated by pedestrians’ without permission. The above access road part is a place where the view of the moving vehicle is limited in the form of gate when viewed from the running direction of the Plaintiff’s vehicle, and thus safety is lacking.

The Defendant is the person who occupies and manages the instant road at the point of accident, and as such, there is a lack of safety and high risk of accidents, and thus, the Defendant installs a facility prohibiting unauthorized crossing within the median zone of the road in order to prevent pedestrians from unauthorized crossing, etc. in accordance with the relevant laws and regulations.