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

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to Bone Star Vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is a corporation established by the Korea Highway Corporation and is engaged in the business of maintaining and managing the Highway in accordance with the said Act and the Motorway Act.

B. On March 22, 2014, around 04:01, the Plaintiff’s vehicle proceeded with one lane at a point of 37 km away from the projected balking of the Pacific Highway from the projected balking of the Pyeong-Tcheon Highway, and was damaged by shocking the central separation zone while passing the two lanes away from the 37 km away from the balking of the two-lanes.

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

On April 17, 2014, the Plaintiff paid insurance proceeds of KRW 14,920,000 to A.

[Reasons for Recognition] Facts without dispute, Gap's entries, Gap's 1, 2, 3, 4, and Eul's 1, or the purport of the whole pleadings

2. The Plaintiff’s assertion is due to the management defect that the Defendant left alone without removing obstacles on the surface. Thus, the Defendant should pay damages to the Plaintiff who subrogated A.

3. The construction, management, and preservation of a road shall be determined in detail according to social norms by comprehensively taking into account all the circumstances, such as the location of the road, road structure, traffic volume, traffic conditions at the time of accident, etc., including the original purpose of use of the road, and the location, shape, etc. of a physical defect. If a traffic safety defect, which is the original purpose of the road, has occurred by an act of a third party after the construction of the road, the preservation defect of the road shall not be recognized just on the ground that such a defect has occurred, and such defect may be restored to the original state by removing such defect by taking into account all all the circumstances, such as the structure, location, environment, and current use