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1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the insured Party B C motor vehicles (hereinafter “Plaintiffs”). The Defendant is the manager of the lower part of the ordinary intersection road in Gwangju Mine-gu, the lower part of the road (hereinafter “instant road”).
B On April 20, 2018, at around 01:43, while driving the Plaintiff’s vehicle, driving the five-lane of the instant road, and driving it on the five-lanes of the instant road at the end of the middle of the lux curriculum of the lux curriculum, the Plaintiff was killed by shocking the rail of the street and falling down below.
(hereinafter “instant accident”). Until May 18, 2018, the Plaintiff paid KRW 109,809,240,000 to the bereaved family members of B, aggregate of KRW 100,000,000,000,000,000,000,000,000,000,000 won for
[Grounds for Recognition: Each entry and video of evidence Nos. 1 through 5, 8, 9, and 1, and the purport of the whole pleadings]
2. The parties' assertion
A. Since the place where the Plaintiff’s assertion occurred is a dangerous bridge with a height of about 10 meters on the road, the Defendant, as a manager of the road of this case, is obligated to pay the Plaintiff the amount of indemnity to the Plaintiff as compensation for the damages, since the Defendant was negligent in not installing the protection fence on the road of this case in accordance with Article 50 of the Road Act, Article 38 of the Rules on the Standards for Road Structure and Facilities, and the Ministry of Land, Infrastructure and Transport’s guidelines for the installation and management of road safety facilities (hereinafter “instant guidelines”), and the Defendant’s negligence contributed more than 20% in the occurrence of the instant accident. Thus, the Defendant exempted from the Plaintiff’s insurance payment pursuant to the insurer subrogation’s legal doctrine, is obliged to pay the Plaintiff the amount of indemnity to the Plaintiff (i.e., 109,809,240 won x 20%).
B. The Defendant’s assertion was only derived from the full negligence of the Plaintiff’s driver.