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. The facts subsequent to the facts of recognition may be acknowledged, either in dispute between the parties or in full view of the entries (including paper numbers) in Gap evidence 1 to 5, and the fact inquiry results and the whole purport of the pleadings to the police station at the court of first instance.

The Plaintiff is an insurer who has entered into an automobile insurance contract with A and B Corro-do vehicle (hereinafter referred to as “Plaintiff vehicle”), and the Defendant is an insurer who has entered into an automobile insurance contract with C dump truck vehicle (hereinafter referred to as “Defendant vehicle”).

B. At around 07:25 on March 5, 2013, A, while driving the Plaintiff’s vehicle in the vicinity of the national road construction site No. 25 on the south-si, Hacheon-si, Hacheon-do, the driver of the Plaintiff’s vehicle, was deprived of the gravel stone that was spreaded on the road along the Plaintiff’s vehicle, and the yellow net line was invaded. At that time, D, who driven the Defendant vehicle on the front side of the Defendant vehicle, did not avoid this, did not stop and proceeded with the right side of the Plaintiff vehicle and proceeded around 39 meters on the front side of the Defendant vehicle, and A died due to such shock.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid KRW 100 million to A’s heir as insurance money on the ground of the instant accident.

2. If it is difficult to expect the normal operation of the opposite vehicle because of the existence of the duty of care such as speed operation and the operation of the opposite vehicle in the front section of the road when passing through the national road under road construction, D is obliged to pay to the Plaintiff KRW 20 million, which is the insurer of the defendant vehicle, and damages for delay, the amount of KRW 20 million, which is the ratio of negligence of D, out of the insurance money paid by the Plaintiff.

3. According to the evidence above, the speed of the road where the accident of this case occurred is 60km/h, and the yaw mark.