1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. The plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with A (hereinafter referred to as "Plaintiff vehicle") and the defendant is a manager of the road where the following accident occurred:

나. 원고 차량은 2017. 7. 2. 11:45경 성남시 수정구 소재 분당ㆍ내곡간 고속화도로를 내곡터널 방면에서 고등IC 방면으로 편도 3차로 중 2차로를 따라 진행하던 중 도로에 떨어져 있던 낚시용 간이의자(이하 ‘이 사건 낙하물’이라 한다)를 밟고 지나갔고, 이에 이 사건 낙하물이 튕겨져 위 도로의 1차로를 진행하던 소외 B 차량(이하 ‘피해 차량’이라 한다)을 충격하였다

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

On July 14, 2017, the Plaintiff paid the insurance proceeds of KRW 1,104,000 at the repair cost of the damaged vehicle due to the instant accident.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 2, Eul's 1, the purport of the whole statement or video, or pleading

2. The assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred, after checking whether the vehicle is abnormal through frequent roads as a manager of the road where the accident of this case occurred, the defendant taken prompt measures to ensure the safe passage of the vehicle if there are obstacles on the road, but neglected to take measures so that the vehicle can safely pass.

Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to the insurance money paid by the Plaintiff as indemnity.

(b) Where a traffic safety defect which is the original purpose of the road is caused by an act of a third party after the construction of a sign board, the preservation defect of the road can not be recognized only with such a defect in the road, and whether the road can be restored to its original state by taking into account all the circumstances, such as the structure, location environment and use situation of the road in question.