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 insurer who has entered into an automobile comprehensive insurance contract with respect to the vehicles of D and EM (hereinafter “instant vehicles”), and the Defendant is the management authority, which is the subject of the installation and management of the Seocho-gun, Jincheon-gun, Jincheon-do 1010-4 (hereinafter “instant bridge”).

B. At around 03:20 on July 6, 2019, F, who is the son of D, driven the instant vehicle and proceeded by using one lane of the entrance of the G company from the slope of the early reservoir to the entrance of the G company at the right direction, shocked the entrance part of the instant bridge located at a point where the straight line comes to the right right right direction, and accordingly, the instant vehicle fell into the river (hereinafter “the instant accident”).

C. The F died due to the instant accident, and the Plaintiff paid D the sum of KRW 20,010,000,000 for the automobile repair cost on July 19, 2019, and KRW 120,000 for the death benefit on November 25, 2019, pursuant to the Comprehensive Automobile Insurance Contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Gap evidence 7, Gap evidence 8, and the purport of whole pleadings

2. Determination on the cause of the claim

A. The summary of the parties’ assertion 1) Although it could have sufficiently predicted that a fall accident may occur if a vehicle deviate from the instant bridge, the Plaintiff did not install a protective fence and lighting fixtures in accordance with the “Road Safety Facilities Installation and Management Guidelines” established by the Ministry of Land, Infrastructure and Transport, which is an established rule by the Ministry of Land, Infrastructure and Transport, and the starting point of the entry of the instant bridge was in poor condition. The instant bridge does not have safety to be installed, and there is a defect in the construction and management of public structures, and the instant accident was caused by the said defect and the network F (hereinafter “the network”).

Since the negligence of the driving occurred concurrently, the defendant is required to do so under Article 5 (1) of the State Compensation Act, the Civil Act.