The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B Sp-type vehicles (hereinafter “Plaintiff”), and the Defendant is the manager of the national highways No. 39 located in the Sinsung-nam-Eup (hereinafter “instant road”), and C is a D-car driver (hereinafter “N-type vehicle”).

B. Around 11:00 on April 21, 2018, the driver of a sea-going vehicle used a sea-going vehicle to drive the two-lanes of the instant road and shocked the front glass of the Plaintiff’s driver’s seat while driving the instant three-lanes of the road, and then, E caused damage to the vehicle due to a serious injury.

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

By December 24, 2019, the Plaintiff paid KRW 74,612,590 to E, etc. with respect to the damage caused by the instant accident.

[Ground of Recognition] Facts without dispute, entry and video of Gap's evidence 1 through 9 and 11 (including each number), Eul's evidence 1 to 8, Eul's evidence 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant, who maintains and manages the road of this case as to the purport of the Plaintiff’s assertion, neglected the fallings on the road of this case, even though he had a duty of care not to immediately move the fallings on the road, and caused the accident of this case due to the Defendant’s fault in managing the road of this case, which is a public structure.

Therefore, the defendant, who is the manager of the road of this case, is liable for damages caused by the accident of this case to E, etc. pursuant to Article 5 (1) of the State Compensation Act, and the plaintiff pays insurance money of KRW 74,612,590 to E, etc. as compensation for damages caused by the accident of this case by subrogation of the insurer under Article 682 of the Commercial Act.