1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B automobiles owned by A (hereinafter “Plaintiff”), and the Defendant is the person in charge of possession of the Young-dong Highway.

B. On July 29, 2013, around 01:55, the Plaintiff’s vehicle driven in the Incheon direction along a one-lane of the Young-dong Highway, and she shocked the central separation zone network near the Young-dong Highway 2km (18.2km) to the one-lane. Accordingly, the Plaintiff’s vehicle was damaged (hereinafter “instant accident”).

C. On August 14, 2013, the Plaintiff paid KRW 9,917,000 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident (self-vehicle damage security).

[Reasons for Recognition] Facts without dispute, Gap 1-7, Eul 1-2, and 5 respectively, and the purport of the whole pleadings.

2. The plaintiff's assertion that the accident of this case occurred because the defendant, as the possessor of the Young-dong Highway, immediately removed the damaged loss and neglected his duty of care to prevent the accident even though he had the duty of care to prevent the accident. Thus, the defendant is liable to pay the plaintiff, who subrogated A, the amount of damages equivalent to 50% of the repair cost of the plaintiff's vehicle and damages for delay.

3. The judgment of this Court

A. The construction or management defects of roads shall be determined specifically according to social norms by comprehensively taking into account various circumstances, such as the location and location of roads, structure of roads, traffic volume, traffic condition at the time of accidents, etc., road usage conditions, the original purpose of use of roads, location and shape of physical defects, etc. In particular, if a traffic safety defect, which is the original purpose of the roads, occurs due to an act of a third party after the construction of roads, the preservation defects of roads should not be recognized simply on the basis of such a defect, and various circumstances, such as the structure, location, and current use of roads.