1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who entered into a “D” insurance contract with C, the owner of the B TraXG car (hereinafter “instant vehicle”).

B. On June 24, 2015, at around 20:15, C driven the instant vehicle, and died as a result of the C’s operation of the instant vehicle, the two-lane road at a 50-lane distance of 130 meters on the front side of the Seongbuk-si Seongbuk-si, Sungpo-si, Sungpo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, the 133-lane of the 50-lane of the 50-lane area, which was located on the front left side of the road at the front side of the vehicle,

(hereinafter “instant accident”). C.

The Plaintiff paid KRW 88,394,700 to E, the heir of C, with the insurance proceeds from injury and self-compensation.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 5 and 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The point in which the Plaintiff’s assertion occurred was the point in which the central separation cost begins after the passage of intersection, and was not installed in the central separation zone at the time of the accident.

The Defendant, as the road management entity at the location where the instant accident occurred, was negligent in expanding the damage of the instant accident due to the failure to install a shock absorption facility at the cross-section of the central separation zone. Therefore, the Defendant is liable for compensating the victim for the damage therefrom. Since the Plaintiff paid the insurance money to the heir of the victim, the Defendant has the right to indemnity against the Defendant pursuant to Article

Therefore, the defendant is obliged to pay 35,357,600 won as indemnity amount, which is equivalent to 40% of the defendant's fault ratio among 88,394,000 won paid by the plaintiff.

3. In full view of the following facts and relevant regulations acknowledged by each description and image of evidence Nos. 4, 6, and Nos. 1, 2, 3, 6, and 7, the following facts and related regulations are comprehensively taken into account: (a) the point where the instant accident occurred, as alleged by the Plaintiff, that there was no shock absorbing equipment installed, shall be the Defendant’s road.