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 entered into an automobile comprehensive insurance contract with Nonparty A on the instant vehicle (hereinafter “instant vehicle”), and the Defendant is the construction manager of the road installed in the Taesung-gun, Gangwon-do (hereinafter “instant road”).

On August 8, 2007, the Defendant entered into a “Agreement on the Work of the Confirmation and Construction of the Road in Taesan-U.S. at the time of post” with the Defendant’s Intervenor (hereinafter “ Intervenor”) and agreed on the maintenance and management of overall roads, such as the snow removal work after the completion of the construction, to be carried out by the Intervenor.

B. On January 18, 2017, A, while driving the instant vehicle and getting off a way to a decline near the mountain, caused an accident that a vehicle turns off through a part of the road without a protective fence, resulting in an accident that conflicts with trees, etc. that occurred from the mountain (hereinafter “instant accident”).

C. As the instant accident renders it impossible to repair a vehicle, the Plaintiff paid KRW 30,010,000 to A with the cost of total loss of the vehicle.

【Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, 2, Eul evidence 1 through 3 (including additional numbers), and the purport of whole pleadings

2. The Plaintiff’s assertion is a person installing and managing the instant road in accordance with the Ministry of Land, Infrastructure and Transport’s regulations for the installation and management of road safety facilities. The Defendant is obligated to prevent accidents in advance by installing safety signs, guardrailss, protective fences, etc. and faithfully removing snow.

Nevertheless, this case's vehicle is dissatisfy off the way by not properly installing a safety sign in violation of its duty, blocking or removing snow, and installing a protective fence at the accident site.