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 the owner of B dump truck (hereinafter “Plaintiff-motor vehicle”).

The defendant is the manager of the roads (Gun roads 3 lines, hereinafter referred to as the "road of this case") located on the Geum River-ro, Seocheon-gu, Seocheon-gun, Gangwon-gun.

B. Around 14:40 on August 16, 2017, the Plaintiff’s vehicle driven by C was driving the instant road from the side of Jeju to Incheon, and there was an accident attributable to the Plaintiff’s ponding to the left side as shown in attached Table 1.

(hereinafter “instant accident”). At the time, approximately 22 tons of aggregate was lost on the Plaintiff’s vehicle.

C. The Plaintiff sustained damages from KRW 3,035,00 for towing costs due to the instant accident, when the Plaintiff destroyed the Plaintiff’s vehicle to the extent of KRW 39,597,998 for repairing costs and spent KRW 3,035,00.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 1, and 1, and the purport of the whole pleadings

2. The Plaintiff’s assertion is a place where the passage of cement and aggregate transport vehicles is frequent and the width of the road is narrow so that large vehicles can temporarily pass along the side.

Plaintiff

The vehicle has passed along the side to avoid a vehicle adjacent to the center line on the side. Since it was not equipped with safety that must be equipped with the length of the side of the road of this case, the vehicle of this case entered the road of this case, and the accident of this case was caused by the accident of this case.

Therefore, as a road manager of the instant case, the Defendant is obligated to pay the Plaintiff the sum of the damages sustained by the Plaintiff due to the instant accident (i.e., repair cost of KRW 39,597,998 towing cost of KRW 3,035,00).

3. The plaintiff asserts that there is a length of the side that can be passed on the road of this case and that it was passed off without being equipped with the ordinary safety of the side.

Each number with Gap evidence Nos. 1 through 5.