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 insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the B Poter vehicle owned by A (hereinafter “accidented vehicle”), and the Defendant is the managing authority for the roads in the Gyeong-si, Gyeong-do, Gyeongbuk-do (hereinafter “instant road”).

B. On January 17, 2013, A driven an accident vehicle on the 13:40 on January 17, 2013, and carried out the ice-scam tunnel inside the front side from the front side of the ice-scambing on the front side, and caused injury to D, a driver, etc., by shocking the central line, leading up to a ice-scamed vehicle (hereinafter “damage-related vehicle”).

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

As an insurer of an accident vehicle, the Plaintiff paid insurance proceeds of KRW 152,00,09,410 in total with D medical treatment costs, damaged vehicle repair costs, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The plaintiff's assertion that the road of this case is a manager of the road of this case, which failed to take snow-making measures, such as putting snow accumulated on the road or spraying calciumsium, and caused a lot of trouble to the Dong in the event of ice-slocking in the condition that the state of the dump prevention package is severely damaged on the road, which is the location of the accident of this case. Since the accident of this case overlaps with the construction and management defects of the road of this case and the driver's negligence, the defendant is liable to pay 76,04,600 won and damages for delay equivalent to 50% of the defendant's fault ratio of the insurance proceeds paid by the plaintiff.

3. Determination

(a) "Defects in the construction and management of public structures" in Article 5 (1) of the State Compensation Act means the state in which the public structures, which have been donated for public purposes, have not been able to have ordinary safety in accordance with their purposes;

However, roads are also necessary for social life.