1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Basic Facts

The plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as the "Plaintiff vehicle"), and the defendant is the manager of the Western Highway.

On October 21, 2015, around 14:20 on the 14:20th day of Pyeongtaek-si, the accident occurred that the front glass of the Plaintiff’s vehicle was damaged while the Plaintiff’s vehicle was driven on a two-lane route in order to pass the Tolpt.

(hereinafter “instant accident”). On October 22, 2015, the Plaintiff paid KRW 1,187,950 in total with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] A, Gap evidence Nos. 1 through 5, Eul evidence Nos. 7, Eul evidence Nos. 1 through 3, video images, and the purport of the whole oral argument of the accident of this case, the plaintiff asserted that the defendant asserted that the accident of this case occurred due to the defect of the road of this case, although the vehicles passing through Toltt should distinguish the blocking box from the surface before entering Toltt, and install a light blocking rod or guidance sign, etc. which can easily be seen in the snow so that they can stop or avoid before such entry, the defendant did not take such measures, but it is difficult to identify in the front door of the road of this case.

In regard to this, the defendant is equipped with a signal light (e.g., a red X sign) indicating the prohibition of access by the vehicle line at the upper end of the Tolart, and if the plaintiff complies with the restricted speed, the above signal and the front door blocking could sufficiently be identified. Therefore, the defendant asserts that the responsibility of the accident occurred in the vehicle of the plaintiff.

Judgment

According to the above facts and each evidence, the road of this case is the one lane of a hybrid and is marked on the road from a hundred meters ago with a sign "h" on the road of this case, and the yellow color with the sign is marked on the road of this case, and on the surface of a 100-meter radius fromTol, the road of this case is called "Yecheonh".