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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The relevant Plaintiff is an insurer who entered into an individual automobile insurance contract with A for Benz New S500 L car (hereinafter “instant vehicle”) with respect to the insurance period from December 18, 2013 to December 18, 2014.
B. On April 6, 2014, around 20:20, the instant accident occurred, driving the instant vehicle, driving the first line of the national highway No. 59 (hereinafter “instant road”) around the Si/Gu-U.S.-Eup, and the said vehicle was separated from the road and fell down below the slope of the road.
C. The Plaintiff, as an insurer of the instant vehicle, paid insurance proceeds of KRW 50,088,190 by December 31, 2015, with the vehicle repair costs and medical expenses.
[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 6 (including provisional number), and the purport of the whole pleadings
2. Assertion and determination
A. The gist of the Plaintiff’s assertion was left alone at the edge of the road of this case. Despite a sudden slope in the outside of the road, the road safety facilities, such as protection fences or starting-way guiding signs, were not installed at all. The road of this case did not have sufficient width and substantial function. In the road of this case, there was a defect in the construction and management of the public structure under Article 5(1) of the State Compensation Act, and the accident of this case occurred due to such defect.
Therefore, Defendant Korea is the principal agent to whom the management affairs of the instant national highways accrue, and Defendant Gyeong-do is the cost-bearing for the necessary expenses entrusted by the Defendant’s Republic of Korea to manage the national highways of this case. Defendant Gyeong-do is obligated to pay the insurance money due to the instant accident and to pay the Plaintiff KRW 50,08,190, and damages for delay.
(b)the roads, rivers, and other matters to be determined;