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 entered into a comprehensive automobile insurance contract with D with respect to CPoter vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a local government that installs and manages the first road in front of the F, E (hereinafter “instant road”).

B. At around 16:10 on April 30, 2015, D driven the Plaintiff’s vehicle and driven the instant road from the Chang Triri Triririririri Road to the slope of G elementary school, and the Plaintiff’s vehicle left the road and left the road and left the right part of the vehicle to the drainage way on the right side (hereinafter “the instant drainage route”).

C. At the time, H was seated on the Plaintiff’s vehicle, but H suffered injury, such as the right-hand fall off and the pelle, etc. due to the instant accident.

The Plaintiff paid KRW 1,521,320 to D, and KRW 94,376,620 to H, respectively, as insurance proceeds for the damages caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, Eul evidence Nos. 1, 3 through 9 (including branch numbers, if any) or video, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the point where the instant accident occurred is where a drainage channel is installed on the right side of the road and a wooden area, and the width of the drainage channel is wide, so if the vehicle deviate from the running route and falls into the drainage channel, the driver is expected to have a big risk.

Therefore, the defendant should have installed a protective fence and a starting-line guide sign in accordance with the "Road Safety Facilities Installation and Management Guidelines" prescribed by the Ministry of Land, Infrastructure and Transport, installed a cover on the drainage route, and removed grass and trees so that drivers can recognize the existence of the drainage route.

Nevertheless, the defendant neglected the duty to install a protective fence, a starting-line guide sign, and a drainage cover, and the duty to remove a swimming pool. The accident in this case is the driver of the plaintiff's vehicle.