1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to Arocketing car (hereinafter “Plaintiff”), and the Defendant is a corporation established by the Korea Highway Corporation and is engaged in the business of maintaining and managing the Highway in accordance with the said Act and the Motorway Act.

B. B, around 00:01 on February 7, 2007, driving a vehicle on the Plaintiff’s side, and changing the lane from the rest area of Echeon-si, E-si, E-si, E-si, N-si, II, and D, the two-lanes at a point of about 1km away from the rest area of E-Road, Daejeon to the area of Daejeon.

2차로를 진행하던 C 운전의 D 화물차 좌측 뒷부분을 충격하고 튕겨 나가면서 다시 도로 우측의 가드레일을 충격하였다

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

By September 12, 2007, the Plaintiff paid insurance proceeds of KRW 40,084,830 in total with the medical expenses of C and the repair expenses of the vehicle involved in the accident.

[Recognition] Facts without dispute, each entry or video of Gap evidence 1 through 6 (including each number, if any) and the purport of the whole pleadings

2. The plaintiff's assertion occurred in the accident of this case where B tried to avoid a cover of the cargo which is far away from the front bank. Since the defendant was due to the management defect neglected without removing obstacles on the surface, the defendant is liable to compensate for the damage caused by such defect.

3. The construction, management, and preservation of a road shall be determined specifically in accordance with social norms by comprehensively taking into account all the circumstances, such as the location of the road, road structure, traffic volume, and accident, including the situation of the use of the road and the original purpose of the use thereof, and the location and shape of a physical defect. If a traffic safety defect, which is the original purpose of the road, has occurred by a third party's act after the construction of the road, is the only fact that such defect is found in the road.