1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A vehicles (hereinafter “Plaintiffs”).

B. On February 7, 2015, around 06:35, at the early entrance of a small-sized exclusive lane at a point of 89.9 km from the front side of the front intersection road, a small-sized motor vehicle fells into the front side of the soundproof walls installed at the above location; due to its shock, a soundproof wall, a small-sized motor vehicle was damaged, and one of the voltages protruding to the road, which fell into the roof of the Plaintiff’s vehicle parked under the upper speed above the opposite direction at the same time as the shock.

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

By March 23, 2015, the Plaintiff paid insurance proceeds of KRW 6,124,230 in total with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 3, video and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s high-priced road has a risk of falling down on the facilities, etc. due to vehicle collision, so the Defendant, who is the installer or manager of an elevated road, was negligent in taking measures to prevent falling down of the facilities, etc., even though he/she is unable to take measures to prevent falling down of the facilities, etc., if he/she simply combines road structures, accessories, etc. in an ordinarily anticipated shock level so that it does not leave the road, etc., and if he/she installs a

As a result, the accident of this case occurred because protruding V falls down to the outside due to the shock of the accident, and the accident of this case occurred, the defendant is obliged to pay KRW 6,124,230 to the plaintiff who acquired the right to claim damages in accordance with Article 682 of the Commercial Act.

(b) Defect in the installation and preservation of one structure refers to a state in which a structure does not have safety ordinarily in accordance with its intended purpose, and at all times in the installation and preservation of a structure.