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 insurance company that entered into a comprehensive insurance contract for business cars (hereinafter “instant insurance contract”) with Non-Party Dawon Co., Ltd. (hereinafter “Non-Party Dawon”), which is a business vehicle of Non-Party 1 (hereinafter “Plaintiff-W car”). The Defendant is a manager of the road where the flood accident of the following vehicles occurred:

B. On July 23, 2017, at around 10:38, Nonparty B driven the Plaintiff’s vehicle and entered the road (hereinafter “instant road”) part of the 2nd Lanyang-do road into the South EastIC bank (hereinafter “instant road”) in order to proceed to the South EastIC bank on the 2nd Lan-do Highway, and there was an accident in which water remains due to a sudden storm and the Plaintiff’s vehicle was flooded (hereinafter “instant accident”).

C. Under the instant insurance contract, the Plaintiff paid KRW 117,130,000 (hereinafter “instant insurance proceeds”) to the non-party company, etc. for the insurance claims of the non-party company, the insured under the instant insurance contract, from October 26, 2017 to December 1, 2017.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5, Eul 1 through 4, each entry and video (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred in competition with the negligence of the driver of the plaintiff, and since at least 30% of the defendant's fault ratio is at least 30%, the defendant, a joint tortfeasor, as to the damages suffered by the plaintiff due to the accident of this case, is the joint tortfeasor, because the defendant neglected his duty of care to prevent the inundation of the vehicle in this case by controlling the entry of the vehicle into the road of this case, guiding bypassing roads, etc.