1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A’s low-priced car (hereinafter “Plaintiff-car”), and the Defendant is the construction manager of the national highway No. 38.

B. On October 18, 2010, around 10:20 on October 18, 2010, B, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle, he shocked C (hereinafter “the deceased”) who without permission crossed the road on the right side in the direction of the Plaintiff’s driving direction while driving the Plaintiff’s vehicle on a two-lane 38-lanes of the national highway 38, which was driven by a sacrifbing surface on the part of the Plaintiff’s straw. The deceased died.

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

The location of the instant accident was a garment, etc., at the site of the national highway that mainly focused on both sides and that the deceased tried to arrive after crossing the road. However, the said road did not have a crosswalk facility, and the starting salary was installed at the center of the road. On August 20, 2009, prior to the occurrence of the instant accident, there was an accident of injury caused by the unauthorized crossing in the road.

By December 3, 2010, the Plaintiff paid KRW 56,901,760 as insurance money, the sum of KRW 1,086,50 for the repair cost of the Plaintiff’s vehicle, and KRW 55,815,260 for the deceased’s medical expenses and the amount agreed upon.

E. Part IV of the “Road Safety Facilities Installation and Management Guidelines (hereinafter “Road Management Guidelines”) established by the Ministry of Land, Infrastructure and Transport pursuant to Article 37(1) of the Road Act and the Regulations on Road Structure and Standards, and the main contents of other safety facilities are as follows:

10.The function of a facility prohibiting unauthorized crossing is 10.2 and 10.2.1 structure, but it is not the protection function of the central separation unit, but the facility to prevent pedestrians from crossing without permission, vehicles, or two-wheeledtons in frequent areas with frequent traffic accidents.

【Unauthorized crossing prohibition facility” is a separate facility installed in the central separation zone of the road on the part of the city.