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 had entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Plaintiff’s Benz S350 Vehicles (hereinafter “Plaintiff’s Vehicles”) owned by A, and the Defendant is a corporation established by the Korea Highway Corporation and is engaged in the maintenance, management, etc. of the Highway under the same Act and the Road Act.

나. C가 2017. 3. 13. 00:27경 원고 차량을 운전하여 천안시 동남구 목천읍 소재 경부고속도로 서울 방향 약 331km 지점(이하 ‘이 사건 사고 장소’라고 한다)을 운행 중, 원고 차량이 그곳에 떨어져 있던 나무토막(이하 ‘이 사건 낙하물’이라고 한다)을 밟고 지나가면서 이 사건 낙하물이 튕겨 원고 차량 하부를 충격하였고, 그로 인해 원고 차량의 타이어와 휠 등이 손상되었다

(hereinafter “instant accident”). C.

On June 22, 2017, the Plaintiff paid KRW 30,718,00 of the insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 13, Eul evidence No. 2 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred as a person who conducts the business of maintaining and managing the place of the accident of this case, by neglecting his duty of care to prevent the accident by removing the abortion of this case. The defendant is liable to compensate for the loss suffered by the insured due to the accident of this case. Therefore, the defendant asserts that the plaintiff must fulfill his duty of compensation equivalent to the insurance amount paid by the plaintiff to the beneficiary due to the accident of this case

B. The defects in the construction, management, and preservation of a road in the relevant legal doctrine are all sorts of conditions such as the location of the road, road structure, traffic volume, and traffic conditions in the event of an accident, including the situation of the use of the road and its original purpose of use.