1. The plaintiff's claim is dismissed.

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

Basic Facts

A, around 14:17 on February 5, 2014, driven a B NAS car (hereinafter referred to as “diver vehicle”) on the left-hand side of the C driver’s DV car (hereinafter referred to as “dive vehicle”) in front of the right-hand side of the DV car (hereinafter referred to as “dive vehicle”) of the C driver’s car in front of the right-hand side of the C driver’s car (hereinafter referred to as “dive vehicle”) which was driving on the right-hand side from the high-side side of the CV to the 4-dimensional intersection.

Therefore, while the damaged vehicle is pushed down to the right, and the protection fence installed on the ground along the underground passage (hereinafter referred to as the “protection fence of this case”) was crashed on the floor at the underground passage of the 5m lower than the 5m lower.

As a result, C suffered from injuries, such as alleys No. 5, 7 in the mouth, 1, 2, and 3 in the mouths and scarkes, and damaged vehicles were treated as full-time loss, and damage was inflicted on the street in the vehicle.

(hereinafter “instant accident”). The Plaintiff is an insurance company of the comprehensive automobile insurance contract (business use) entered into with respect to a harming vehicle, and the Defendant is a local government, which installs the instant protective fence, and is the subject of possession and management.

In accordance with the above comprehensive automobile insurance contract, the Plaintiff agreed to pay the amount of KRW 48,028,330 [1,60,000,000 for damages (i) medical expenses of KRW 10,538,330 for damages (ii) medical expenses of KRW 10,538,30 for total damages of damaged vehicles (iv) KRW 2,040,000 for maintenance expenses of Nowon-do, KRW 850,000 for total damages of damaged vehicles]; and

According to the provisions of the Automobile Protection and Management Guidelines for the Establishment of Road Safety Facilities and the Ministry of Land, Infrastructure and Transport, the protection fence of this case is installed in the sections where there are some risks, such as the central separation zone, bridges, and sections adjacent to roads, and accordingly, shock level 160KJ should be maintained upon the application of SB4.

【Ground of recognition” has no dispute, A1 through 4, 6-.