1. The plaintiff's claim is dismissed.

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

1. Basic facts

가. A은 2013. 2. 18. 16:20경 B 소유의 C 카이런 차량(이하 ‘원고 차량’이라 한다)을 운전하여 울산 북구 신천동 신답삼거리 앞 노상에서 경주 방면에서 상안사거리 방면으로 편도 3차로 중 1차로를 따라 주행하던 중 운전 부주의로 위 도로에 설치된 중앙분리대 단부(시작점)를 충격하면서 차량이 우측으로 튕겨나가 2차로를 따라 진행하던 D 다이너스티 차량을 충격하고 다시 1차로를 후행 중이던 E 포터 차량을 충격하였다

(hereinafter referred to as "the accident of this case". (b)

As an insurer who entered into an automobile insurance contract for the Plaintiff, the Plaintiff paid KRW 56,352,160, and KRW 33,205,400, insurance money to G to the F who was injured due to the instant accident.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, 2, and 4, purport of the whole pleadings]

2. The parties' assertion

A. The place where the Plaintiff’s instant accident occurred is a three-lane main road running in high speed, and where the central separation zone is installed at the center of the road in the form of a strong rail, it is a place where serious accidents are likely to occur due to the part of the diver, which is exposed to the direction of the vehicle, if the central separation zone is installed at the center of the road.

The Defendant, as the maintenance manager of the road where the instant accident occurred, did not take such measures despite the obligation to install the shock absorption facilities in a part of the road, as the maintenance manager of the road in which the instant accident occurred, but did not take such measures. The damage caused by the instant accident was expanded due to the defect in the construction and management of

Therefore, the Defendant is liable to compensate F and G for the damages pursuant to Article 5(1) of the State Compensation Act. Since the Plaintiff has fully compensated for the damages, the Defendant is 26,867,268 won, calculated according to 30% of the Defendant’s fault ratio, which contributed to the instant accident, out of the total amount of compensation to the Plaintiff.