1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to Branchising automobiles (hereinafter “Plaintiffs”). The Defendant is the construction and manager of national highways No. 14.

B. At around 14:30 on January 15, 2012, A, while driving the Plaintiff’s vehicle and driving the 14th national highway (hereinafter “accident site”) in front of the Serogian Crogian Crogic Authority (hereinafter “accident site”) along the two-lanes from the front side to the front side of the two-lanes, the Plaintiff’s vehicle was driven by soundproof wall columns on the right side of the road with the front side part of the Plaintiff’s vehicle’s right side, and then moved back to the left side by its shocking the FF low-speed one car driving in the same direction, and stopped the Plaintiff’s vehicle over a two-lanes between the first and the second two-lanes.

(hereinafter referred to as “instant accident”). The instant accident died of C, who was aboard the Plaintiff’s vehicle due to the death, and D and E suffered injury.

C. The Plaintiff paid insurance proceeds of KRW 285,191,102 in total with the damages for C, D, and E, the repair cost of the Plaintiff’s vehicle, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each branch number, if any), Gap evidence No. 9-4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred when the Plaintiff’s driver avoidedd an animal from the Plaintiff’s vehicle A at the point of the accident. The Defendant left the place of the accident alone, and did not install a shock absorption facility at the beginning part of the first soundproof wall, which is a part of the collision, resulting in a defect in the installation and management. Therefore, the Defendant shall pay the Plaintiff’s share of liability.

3. Determination

A. The reasons why the court should explain this part of the judgment of the court of first instance as to whether there is a defect in the part of the beginning of soundproof walls in which shock absorption facilities have not been installed.