1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the 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 respect to B automobiles owned by A (hereinafter “Plaintiff”), and the Defendant is a corporation established by the Korea Highway Corporation, which performs the duties of maintaining and managing the Highway in accordance with the said Act and the Motorway Act.

B. On March 21, 2015, at around 05:50, the Plaintiff’s vehicle was damaged by the lower part of the vehicle, which was faced with a bridge connecting cover that was far away from the road on the one-lane while driving in the front section of the exit section of the area adjacent to 88.4 K in the direction of the side of the Seoul and the exit section of the road outside Seoul.

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

On April 3, 2015, the Plaintiff paid insurance proceeds of KRW 2,812,580 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 9, the purport of the whole pleadings

2. The Plaintiff’s assertion is due to the management defect that the Defendant left alone without removing the obstacles on the surface. Thus, the Defendant should pay damages to the Plaintiff who subrogated A.

3. Determination of defects in the construction, management, and preservation of roads shall be made in detail in accordance with social norms by comprehensively taking into account all the circumstances, such as the location of roads, road structures, traffic volume, traffic conditions at the time of accidents, etc., including the original purpose of use of roads, and the location, shape, etc. of physical defects. If a traffic safety defect, which is the original purpose of the roads, has occurred due to an act of a third party after the construction of roads, the preservation defect of roads shall not be acknowledged merely on the ground that such a defect has occurred, and whether such defect can be restored to the original state by taking into account all all the circumstances, such as the structure, location, environment, and conditions of use of the roads in question.