1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to B automobiles owned by A and A (hereinafter “instant automobiles”), and the Defendant is as follows.

It is an institution responsible for the installation and management of roads and their facilities where accidents stated in the port have occurred.

B. A, around 06:20 on September 3, 2012, driving the instant vehicle, and driving the two-lanes of the third-lane road in front of the Don-gu Incheon Seo-gu Dan-gu Dan-do, Seo-gu, Incheon, into the king-do Don-do Don-si Don-si, and attempted to wrongfully embling E through a place where the central separation cost was cut on the right side of the instant vehicle (hereinafter “instant accident”), and E died of the instant accident.

C. The road in which the instant accident occurred is a road along the king Underground Road and the three-lane road traveling from the Marine Corps for the Marine Corps to the Marine Corps for the Marine Corps. It is a road with a small width of 20 meters, and a central separation cost is installed.

However, the point of the accident in this case is about 50 meters away from the king-Road Underground Road to the Marine Corps's colony site of the Marine Corps and about 90 meters away from the central separation cost.

On the other hand, pedestrian crosswalks are installed in a place where approximately 330 meters away from the location of the instant accident.

Article 37(1) of the Road Act (amended by Act No. 12248, Jan. 14, 2014) provides that “the structure, facilities, maintenance, safety inspection, and repair of roads shall be in accordance with the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs,” and Article 11(1) of the Regulations on the Standards for Structure and Facilities of Roads, which is the Ordinance of the Ministry of Land, Transport and Maritime Affairs, should be marked as a central line or installed a central separation zone in order to separate lanes by direction.

Provided, That the road function shall be the same as the road function on a road with at least four lanes.