1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the road management authority in the two-lane near the 191-5 East-do B-dong intersection (hereinafter “instant road”) with the 191-5 B-owned Sejong-gun, Chungcheongnamcheon-gun, the place where the following accident occurred.

B. A, around 23:20 on February 23, 2016, driven the Plaintiff’s vehicle, and driven the instant road from the Ycheon-do to the inside of the ebscamb, caused an accident (hereinafter “instant accident”). A, while driving the instant road on the front side of the Plaintiff’s vehicle, he intruded the median line and passed the opposite lane and caused an accident (hereinafter “instant intersection”) that shocks the front part of the Plaintiff’s vehicle in the safety zone adjacent to the opposite lane.

C. A around February 24, 2016, around 00:06, died of multiple traumas caused by the instant accident shock. D.

From March 21, 2016 to March 25, 2016, the Plaintiff paid KRW 60,527,060 in total, including medical expenses incurred from the instant accident, vehicle total loss compensation, etc., as insurance proceeds.

【Ground of recognition】 The fact that there is no dispute, Gap's 2 through 8 (if there is a serial number, including a serial number; hereinafter the same shall apply), Eul's 1 and 2, or the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the instant road management authority, which is a road management authority that is adjacent to the instant road, has a duty to install visual safety facilities and shock absorption facilities in accordance with the guidelines for installation and management of road safety facilities in order to prevent collisions between the instant intersections installed adjacent to the instant road and vehicles and to minimize damage in the event of collision, but is negligent in not installing

The instant accident occurred in addition to the negligence of the Plaintiff’s driver, and the defect in the construction and management of the Defendant’s public structure. The degree of contribution to the accident is about 40%. Thus, the Defendant is 24,210,824 won (=60,527,060 x 40%) corresponding to the Defendant’s liability out of the insurance money paid to the Plaintiff by the Plaintiff.