1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the person in charge of the installation and management of the Gyeong Highway.

B. On December 11, 2018, around 16:00, the Plaintiff’s vehicle driven one lane near the Busan-do 91km direction of the Gyeongcheon-si Busan-si Busan-do Highway, and the Plaintiff’s vehicle was found to be late behind the PEdrum box installed in order to induce the decline of the vehicle due to road expansion works, and the Plaintiff’s vehicle was shocked with the Plaintiff’s vehicle, and the Plaintiff’s vehicle was damaged.

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

On December 31, 2018, the Plaintiff paid KRW 10,260,000,000, excluding KRW 500,000 as the insurance money from the damage of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The party’s assertion (1) In the event of installing a PE forum without controlling the vehicle’s vehicle on the Plaintiff’s expressway, it is difficult for vehicles driving in high speed to find it easily and avoid this, and even if a large-scale accident may occur due to collision with other vehicles, the Defendant installed the PE forum on the expressway so as to obstruct the vehicle traffic.

Therefore, the Defendant, who is the person in charge of the construction and management of the road of this case, is obligated to pay to the Plaintiff KRW 3,078,000, equivalent to 30% of the Defendant’s liability ratio among the insurance proceeds paid by the Plaintiff due to the accident of this case,

(2) The Defendant asserted that he did not neglect his duty of care necessary for the safety management of the Highway, such as the safety patrol, according to the standards for the safety management of the Highway. Since the expanded road in this case was in force, the Defendant is not the Defendant but the Defendant.