1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A and B (hereinafter “Plaintiff”).

B. A, around 10:12 on August 1, 2015, driving the Plaintiff’s vehicle and proceeding in the direction of a breath ICT in the Tyang-dong Blupo-dong Blupo-dong, and boomed the safety facilities (PEdrum) for construction works (PEdrum) installed in the central separation zone, which was implemented by the Tnathsan Industrial Complex on the right road for the construction of access roads.

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

On August 11, 2015, with respect to the instant accident, the Plaintiff paid KRW 5,790,000 to A with the total loss disposal cost of the Plaintiff’s vehicle, and returned KRW 670,000 with the proceeds from the sale of the remainder.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and evidence 7, and purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is the owner of the road at the point of the accident in this case and the road management agency, which is the owner of the road at the point of the accident in this case and should install the Central Separation Forum with water and sand, but caused the accident where the plaintiff's vehicle was damaged. The accident in this case caused the defect in installing and managing the road at issue, which is not equipped with safety ordinarily, and the above defect contributed to the expansion of damages caused by the accident in this case. Thus, the defendant is jointly and severally liable to pay 2,560,000 won and damages for delay equivalent to 50% of the defendant's fault ratio out of the insurance proceeds paid by the plaintiff to the plaintiff.

(b)"Public structures" under Paragraph 1 of Article 5 of the State Compensation Act means tangible or physical facilities, whether public or private, provided by the State or local governments for specific public purposes, and owned, leased or other rights by the State or local governments.