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

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A Ecoos car (hereinafter “Plaintiff”) owned by Korea Petroleum Co., Ltd. (hereinafter “Korea Petroleum”). The Defendant is a corporation established by the Korea Highway Corporation and is engaged in the maintenance, management, etc. of an expressway in accordance with the said Act and the Motorway Act.

B. On June 3, 2013, at around 01:07, the Plaintiff’s vehicle was damaged by the lower part of the vehicle that was faced with items, which are far away on the road, while driving along a valley in the direction of a mountain direction for the mid-to-land highway.

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

On July 30, 2013, the Plaintiff paid the insurance proceeds of KRW 1,197,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 4, or the purport of the whole pleadings

2. The Plaintiff’s assertion is due to the management defect that the Defendant left alone without removing obstacles on the surface. Thus, the Defendant should pay damages to the Plaintiff who subrogated Korean petroleum.

3. Determination of defects in the construction, management, and preservation of roads shall be made in detail in accordance with social norms by comprehensively taking into account all the circumstances, such as the location of roads, road structures, traffic volume, traffic conditions at the time of accidents, etc., including the original purpose of use of roads, and the location, shape, etc. of physical defects. If a traffic safety defect, which is the original purpose of the roads, has occurred due to an act of a third party after the construction of roads, the preservation defect of roads shall not be acknowledged merely on the ground that such a defect has occurred, and whether such defect can be restored to the original state by taking into account all all the circumstances, such as the structure, location, environment, and conditions of use of the roads in question.