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. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for bus B owned by H company (hereinafter “instant vehicle”), and the Defendant is the occupation and management authority of the Honam Expressway, which is a national expressway.

나. 이 사건 차량은 2018. 4. 17. 11:30경 호남고속도로 순천방향 190km 부근 C휴게소(상행선) 앞 지점(이하 ‘이 사건 사고지점’이라 한다)의 3차로에서 운행하다가 미상의 물체가 이 사건 차량의 하부에서 튕겨나와 이 사건 차량의 뒤쪽 1차로에서 진행하던 D이 운전하던 E 그랜저IG 차량(이하 ‘피해차량’이라 한다)의 앞면을 충격하여 손괴하는 사고가 발생하였다

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

After the instant accident, the Plaintiff paid KRW 1,180,000 (hereinafter “instant repair cost, etc.”) to D with the repair cost of the damaged vehicle due to the instant accident on April 25, 2018, as F, KRW 670,000, KRW 360,000 in G, and the loan cost of KRW 150,00 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and evidence 7, and the purport of the whole pleadings

2. Although the defect in the construction and management of the road at the location of the accident of this case caused the accident of this case, the plaintiff was exempted from the liability to pay the repair cost of this case, etc., so the plaintiff acquired the right to indemnity under Article 682 of the Commercial Act concerning the repair cost of this case paid under the mutual aid contract, and the defendant shall pay the repair cost of this case, etc. to the plaintiff as a reimbursement.

3. Determination

A. The defects in the construction and management of a road in the relevant legal doctrine are considered according to social norms by comprehensively taking into account various circumstances, such as the location of the road, structure of the road, traffic volume, and traffic conditions at the time of an accident, including the original purpose of use, and the location and form of physical defects.