1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On August 27, 2017, at around 15:02, the Plaintiff: (a) operated the BE-ray in the vicinity of the BE-ray in the third line, with the vehicle owned by the Plaintiff; (b) caused an accident where the string of the string of the string of the string of the said vehicle was caused by the string of the string of the said vehicle (hereinafter “instant accident”); and (c) caused the damage equivalent to KRW 500,000 of the repair cost by the string of the string of the said vehicle.

B. On the same day after the above accident, the plaintiff notified the defendant of the above accident at around 15:27 and demanded compensation, but the defendant rejected compensation.

C. Meanwhile, the Defendant entered into the patrol service contract with the patrol company, and performed the safety patrol on the expressway. At around 14:53 on the same day immediately before the occurrence of the said accident, the Defendant’s patrol company received miscellaneous miscellaneouss near the point of the said accident, and collected 15:15,00 after 22 minutes thereafter at the point of the said accident.

(The patrol vehicle at the time of receiving the contact was located at approximately 21 km away from the point of accident). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. Construction and preservation defects of a road, which are a structure of a legal doctrine, shall be determined specifically in accordance with social norms by comprehensively taking into account all the circumstances such as the location of the road, structure of the road, traffic volume, traffic conditions in the time of an accident, etc., such as the current use of the road, the original purpose of use of the road, location and shape of physical defects. If a traffic safety defect, which is the original purpose of the road, is caused by an act of a third party after the construction of the road, it shall not be allowed to recognize a traffic safety defect rapidly due to such a defect, and such defect shall be removed by taking into account all all the circumstances such as the structure