1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Basic Facts

The Plaintiff, a corporation engaged in business, such as non-life insurance, concluded a comprehensive motor vehicle insurance contract with A for its own B low-est motor vehicle (hereinafter “instant motor vehicle”) with the insurance period from February 2, 2016 to February 2, 2017.

Around 15:00 on March 2, 2016, while the instant vehicle is proceeding with a road that moves in the direction of water in the East East-si MacheonIC, the vehicle was injured by passengers of the said accident, and the vehicle was damaged by the destruction of the said vehicle, etc. at a point 0-E 040 (hereinafter “the instant accident site”) located on the right side of the direction of the course at a point 400 point (hereinafter “the instant accident site”).

(hereinafter “instant accident.” The Plaintiff paid 25,549,400 won to the victims of the instant accident, including the payment of medical expenses and the amount agreed upon, and the payment of, the cost of restoring the fence for the protection of the instant road.

The manager of the road at the location of the accident in this case is the defendant, and the protection fence installed on the road in this case is the protection fence at the level of SB1.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 4, 6 through 8, 11, and Eul evidence No. 4 (including virtual numbers), and Article 38 of the Rules on the Structure and Facility Criteria of the plaintiff's argument by the parties concerned as to the overall purport of the pleading shall be installed where it is deemed necessary to prevent traffic accidents. The Ministry of Land, Infrastructure and Transport shall establish road safety facilities, such as protective fences, etc.

(e).