1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the BM3 motor vehicles owned by A (hereinafter “Plaintiff-motor vehicle”), and the Defendant is an occupant who maintains and manages an expressway.

나. C은 2015. 9. 26. 09:35경 원고 차량을 운전하여 오산시 동탄기흥로 경부고속도로(이하 ‘이 사건 고속도로’라 한다) 상행선 380.5km 지점 부근을 편도 5차로 중 3차로를 따라 진행하다가, 원고 차량의 좌측 앞 타이어에 펑크가 나는 바람에 차량이 급격히 우측으로 치우쳐 도로 오른쪽에 설치되어 있는 가드레일을 충격한 후 그 충격으로 인하여 튕겨져 나오면서 때마침 위 도로 5차로를 주행하고 있던 D 운전의 E 푸조 차량(이하 ‘피해 차량’이라 한다)을 충격하였다

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

Until February 5, 2016, the Plaintiff paid KRW 3,157,690 for D’s medical expenses and agreed amount, KRW 4.98 million for the repair cost of the Plaintiff’s vehicle, KRW 14,536,00 for the repair cost of the damaged vehicle, and KRW 22,673,690 for the damaged vehicle.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 10 (including branch numbers in the case of virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The accident of this case occurred in the wind, which caused the fall behind the left side of the plaintiff's vehicle by neglecting the plaintiff's assertion. Although the management authority of the expressway has a duty to promptly remove the falls away from the expressway, the accident of this case is caused by the defendant's negligence neglecting it and the negligence of the driver of the plaintiff's vehicle. Thus, the defendant is obligated to pay 11,336,840 won (=2,673,690 won x 50% x 11,336,845 won or 11,36,840 won when calculating the amount of the insurance money paid by the plaintiff as the indemnity amount, since the accident of this case is caused by the defendant's negligence and the negligence of the driver of the plaintiff's vehicle.

B. (1) Construction of roads.