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 above part is revoked.

1. Basic facts

A. B, around 03:00 on October 25, 2016, driven a CKaman vehicle (hereinafter referred to as “Plaintiff vehicle”) and driven along a one-lane of the drive line on an expressway between Tong Young-Seoul and Daejeon, at a point of 172.8 km from the quarter of the YY- Daejeon Line located in the Hoju-gun of the Jeonbuk-gun, Northbuk-gun, the wild boar pigs and pigs on the front line of the Plaintiff vehicle was shocked by the driver’s seat in front of the Plaintiff vehicle.

(hereinafter “instant accident”). (b)

The plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with B, and the defendant is a person who maintains and manages the above expressway in which the accident of this case occurred.

C. On November 17, 2016, the Plaintiff, as an insurer of the Plaintiff vehicle, paid KRW 2,785,000 insurance money for damage incurred from the destruction of the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion occurred by wild boars that appeared on an expressway managed by the Defendant. Since the Defendant failed to perform its duty of care to install and manage facilities to prevent the entry of wild animals into an expressway at the location of the instant accident, according to the insurer subrogation doctrine, the Defendant is obliged to pay to the Plaintiff damages for delay from November 18, 2016 to the day of full payment, which correspond to the Defendant’s fault ratio among the above insurance proceeds paid by the Plaintiff (=2,785,000 x 50 %) and the payment damages for delay from November 18, 2016 following the date of payment of the above insurance proceeds.

B. The defects in the construction and management of a road, which are one structure of the instant site, are comprehensively considered in light of social norms, such as the location of the road, location of the road, structure of the road, traffic volume, traffic conditions at the time of the accident, etc., and the original purpose of the use thereof, and the location and form of physical defects.