1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 5, 2013, the Plaintiff is the insurer who entered into a comprehensive motor vehicle insurance contract with respect to the Category B New E vehicle owned by it (hereinafter “instant vehicle”), and the Defendant is the manager of the Gwangju-do road at a point 174.5 km away from the king-si Highway (hereinafter “instant road”).

B. On April 4, 2013, around 13:42, when driving the instant vehicle and driving the instant vehicle from the trile room to the trile room, leaving the road from the three-lane to the two-lanes of the instant road while driving the three-lanes of the instant road, causing an accident (hereinafter “instant accident”) that shocks the steel scrap railing on the right side of the road and shocks the strong protective fence (hereinafter “instant accident”). At around 14:37, Apr. 4, 2013, A died of the instant accident due to multi-dive disorder around 14:37.

C. On August 17, 2015, the Plaintiff, as an insurer of the instant vehicle, paid KRW 254,828,200 to A’s spouse C as the automobile injury insurance proceeds.

Article 37(1) of the Road Act (Act No. 11690) at the time of the instant accident provides that “the structure, facilities, maintenance, safety inspection, and repair of a road shall conform to the standards determined by Ordinance of the Ministry of Land, Infrastructure and Transport,” and accordingly, Article 38(1) of the Rules on the Standards for Structure and Facilities of Roads No. 1, which provides that “where deemed necessary for the prevention of traffic accidents, safety facilities, such as starting-way guiding facilities, protection fences, shock absorption facilities, lighting facilities, lighting facilities, speed prevention facilities, road reflects, anti-slurgs, anti-surgs, anti-surgs, anti-surgs, emergency brakes, emergency brakes, safety facilities, pedestrian crossings (including underground crosswalks), etc.

In addition, the installation and management guidelines of road safety facilities prepared by the Ministry of Land, Transport and Maritime Affairs on May 2010 are damaged to the body of the vehicle because the part of the protective fence is imposed on the vehicle due to structural characteristics.