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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At around 21:55 on December 13, 2013, A, around 2013, the former Engineering Co., Ltd. (hereinafter “former Engineering Co., Ltd.”) operated the 25-lane national highway located in the old U.S. in the middle of the two-lane in the additional ICT room from the permanent address to the 25-lane located in the old U.S. In order to overtake the cargo vehicle, A discovered that the cargo loaded in the above cargo vehicle has been loaded over one-lane while changing the said cargo vehicle to a one-lane for overtaking at approximately 200 meters prior to the front of the 200-lane, and was trying to stop the vehicle, while the vehicle turns off the vehicle, and thereby, the C cargo vehicle driving over the two-lane road along the central line was received by the said department, and therefore, D and D, E, and F, G, and the said cargo vehicle loaded on the said cargo vehicle and the said department.
(hereinafter “instant accident”). At the time of the instant accident’s location, the central separation unit was installed in the center line at the time of the instant accident, but there was a plastic protection wall for the central separation unit at approximately 30 meters at the point of the accident.
B. The Plaintiff, as an insurer who entered into an automobile comprehensive insurance contract with respect to the foregoing passenger vehicles, paid a total of KRW 77,948,830 as damages and insurance proceeds from the instant accident until December 2, 2015.
C. Of the “road Safety Facilities” in Part III of the Guidelines for the Installation and Management of Road Safety Facilities Act, which are established by the Ministry of Land, Infrastructure and Transport, the following are the parts.
2. The protective fence, 2.1.1 functional protection fence, is a facility with the main purpose of preventing vehicles deviating from the normal course of driving along the road, and at the same time reducing passengers' injuries and damage to vehicles to the minimum extent and returning vehicles to the normal course of driving, such as inducing drivers' trial lines and preventing pedestrians' unauthorized crossing.
(a) 2.2 separate units.