1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 22, 2016, at around 06:10, A driven the instant vehicle (hereinafter referred to as the “instant vehicle”) and proceeded with the protection wall installed on the front direction of the proceeding at the sloping-distance intersection at the sloping-gu, Sungnam-si, Sungnam-si, with a view to a view to a view to a view to a view to a view to a view from the surface of the sloping-distance road. Accordingly, the instant vehicle fell on the underground roadway under the protection wall.

(hereinafter referred to as the “instant accident”). B.

Until September 9, 2016, the Plaintiff, as an insurer that entered into the instant automobile insurance contract with respect to the instant vehicle, paid insurance proceeds of KRW 77,283,291, including KRW 11,190,880, insurance proceeds of total loss of the instant vehicle, KRW 44,290,00, and KRW 21,802,41, due to damage to the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 10, video, purport of the whole pleadings

2. In addition to the driver's negligence of the driver of the vehicle involved in the accident, the plaintiff did not install safety facilities, including shock absorption facilities and yellow fluoring destruction, in front of the protective wall at the location where the accident occurred, and the accident of this case occurred due to defects in the installation and management of the defendant's structures neglected despite the occurrence of a large number of cracks on the protective wall. Thus, the defendant asserts that the plaintiff is responsible for claiming 50% of the insurance money paid by the

Therefore, first, we examine whether the Defendant erred in the installation and management of the safety facilities at the location of the instant accident.

The defect in the construction and preservation of a public structure refers to a state in which the public structure has failed to have safety ordinarily required in accordance with its use, and it cannot be said that there is a defect in the construction and management of the public structure on the ground that the construction and preservation of the public structure did not have a high level of safety to the extent that it always maintains a perfect state.