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 entered into an automobile comprehensive insurance contract with A to January 4, 2016 with respect to B rocketing vehicles owned by it (hereinafter “Plaintiff”) with the content that the insurance period is from January 4, 2016 to January 4, 2017.

B. A around 02:00 on April 24, 2016, around 02:34, the national highway 34 line located in Ansan-si, Chungcheongnam-si, which was separated from the left side of the road to fall down ten meters away from the road based on the direction of progress, and the accident caused the damage of the Plaintiff’s vehicle by suffering from the injury.

(hereinafter referred to as the "accident of this case", and the intensity of the accident site shall be as shown in the attached Form (No. 6).

The Plaintiff paid A total of KRW 11,115,190 as insurance money for automobile injury, KRW 5,125,190, and KRW 5,990 as insurance money for self-vehicle damage.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5, Gap evidence 4, Eul evidence 6 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendant in charge of road management is obligated to install a protective fence in order to prevent the expansion of damage by the vehicle deviating from the normal road route from escaping from the road.

The accident of this case occurred due to the negligence that the defendant did not install a protective fence and the negligence of the driver of the plaintiff vehicle.

The Plaintiff paid insurance money exceeding the part of the Plaintiff’s liability for all damages to A, the insured, and jointly relieved the Defendant. The scope of damages was expanded due to defects in the installation and management of the Defendant’s road and road attached facilities, and the Defendant’s negligence is recognized to be 40%. As such, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 4,446,070 (=1,115,190 + 40%) and delay damages therefrom.

B. (1) Determinations are defective in the construction and management of public structures under Article 5(1) of the State Compensation Act.