1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is the insurer who entered into an automobile insurance contract with A with respect to B vehicles (hereinafter “Plaintiff”), and the Seoul Metropolitan Government is the installer of the king-ro established from Jongno-gu Seoul Metropolitan Government 229(s) to 257(s) of the same Gu-dong 257(s). Article 5(1) of the Seoul Metropolitan Government Ordinance on the Management of Major Facilities, such as Roads, etc., of the Seoul Metropolitan Government, delegated the affairs of the news management of the Do-gu Seoul Metropolitan Government (including both sides, bicycle-only roads, and bicycle pedestrians) to the autonomous head of the autonomous Gu, thereby the Defendant became the manager of the king

B. On February 6, 2014, at around 18:57, when driving the Plaintiff’s vehicle, C, a husband of the Plaintiff, was driven by an accident, which was cut off on the bend road, which was installed adjacent to the said road, and the drainage facilities installed adjacent to the said road, and caused an accident of falling the front wheels in the front of the steering area.

(hereinafter referred to as “instant accident”). C.

On March 28, 2014, the Plaintiff paid the insurance money of KRW 44,060,000 to the insured on March 28, 2014 (i.e., vehicle price of KRW 48,250,000-vehicle sale price of KRW 4,190,000).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 11, Eul evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the claim is that the instant accident occurred in the part of the Jinsan-ro with a strong sobro (the place marked by X on the map (No. 7-1) and the attached Form). The place of the accident is not a shoulder with a width of at least 75 cm in accordance with Article 12 of the Regulations on the Standards for the Structure and Facilities of the Road, which is the Ordinance of the Ministry of Land, Transport and Maritime Affairs, and is not installed with a width of at least 75 cm, but a place where the upper side of the instant accident should not be installed directly on the right side pursuant to Article 30(3) of the said Rules, but is not installed at the right side of the said accident, and thus, the instant accident occurred in accordance with Article 5(1) of the State Compensation Act.