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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to Abent Motor Vehicle and B Car (hereinafter referred to as “Plaintiff’s vehicle”) and the Defendant is a corporation that performs duties, such as the maintenance and management of the expressway and the expressway sign.
B. On March 31, 2016, the vehicle on the part of the Plaintiff was destroyed by a steel plate located far from the road while the point of 112.8 km located on the Gyeong-si, Busan Metropolitan City, at around 10:25, the vehicle was damaged by the signboard of the expressway.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance proceeds of KRW 79,862,30 with the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, video, purport of whole pleading
2. The Plaintiff’s assertion is due to the defect in the management and preservation of the Defendant’s expressway or the defect in the installation, management, and preservation of the Defendant’s expressway sign, or ② is due to the Defendant’s breach of duty of care to ensure safety under the contract for the use of the expressway with the Defendant’s vehicle. Thus, the Defendant shall pay the Plaintiff KRW 79,862,30 pursuant to Article 682 of the
3. Determination
A. Legal doctrine and the construction, management, and preservation of a road shall be determined in detail according to social norms by comprehensively taking into account all the circumstances, such as the location of the road, road structure, traffic volume, and traffic conditions at the time of an accident, including the original purpose of use thereof, and the location and shape of a physical defect. If a traffic safety defect, which is the original purpose of the road, is discovered by an act of a third party after the construction of the road, the preservation defect of the road shall not be recognized merely on the ground that there is such a defect in the road, and such a defect shall not be considered in full view of all all the circumstances such as the structure, location, environment, and