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 an insurance company that entered into a comprehensive automobile insurance contract with A.

The defendant is the person who installs and manages the Young-dong Expressway.

(b) A In the event of a traffic accident, at around 15:40 on December 10, 2006, A is a motor vehicle of this case (hereinafter referred to as the “motor vehicle of this case”).

(C) 197 km point (hereinafter referred to as "the point of accident") in Yeongdeungpo-dong Highway Incheon located in the Jinwon-gun of Gangwon-do.

2) Of the two lanes, the surface of the road was built in a clear weather channel at the time of the passage to Incheon, approximately KRW 70 km in the speed of the city. 2) At the time of the passage, the surface of the road was in the state of construction.

There shall be three tunnels in front of the point of accident.

In order to drive a tunnel repair vehicle, etc., an open door is opened so that the left side of the vehicle in this case can move to an expressway facing the left side of the vehicle in this case.

The section immediately before the entry into a tunnel has a drainage channel along the slope, and in view of the direction of the vehicle in this case, there is a U-party protective fence (this case protective fence) around the drainage channel.

3) A left the lane due to driving on a roadside, which led to leaving the lane. The instant vehicle, as shown in the attached Form on the scene of the accident, was opened at the front of the tunnel, and went away from the road, and fell into a drainage channel. 4) The C (1954 students, male, and female) on the top of the instant accident, who was on the front of the tunnel, was on the top of the road.

A was sentenced to a fine of KRW 1,500,000,000 for occupational car malty.

C. By October 29, 2010, the Plaintiff paid KRW 740,756,300 to the victim, etc. as compensation for damages caused by the instant accident.

[Based on recognition] The items or images (including paper numbers) of Gap evidence 1 to 8, Eul evidence 1 to 5 and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. 1 The main point of the claim is that there are defects in the installation and management on the road at the location of the accident as follows: (a) the protective fence is a vehicle deviating from the normal driving route.