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 entered into a comprehensive insurance contract with A vehicle (hereinafter “Plaintiff”), and the Defendant is a local government that manages the road where the following accidents occurred:

B. A, around 06:30 on May 24, 2013, driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle in the vicinity of the entrance of Gwangju Mine C-gu along three-lanes in the direction of the new shooting distance, the Plaintiff’s failure to drive the Plaintiff’s vehicle in the direction of the front section of the Plaintiff’s vehicle while driving the vehicle along three-lanes in the direction of the new shooting distance, and the Plaintiff’s failure to properly operate the steering gear, caused a shock of the boundary of the pedestrian island installed at the direction of the moving direction at the front section of the Plaintiff’s vehicle.

hereinafter referred to as "the accident of this case"

(C) The instant accident caused injury to B, such as the uppermost aggregate, etc. on the left side, D, which was accompanied by 12,598,610 won, and D, the Plaintiff paid insurance proceeds of KRW 440,480,940 in total, including KRW 12,59,610, and KRW 427,882,330, to D, and KRW 427,882,940. [Judgment 3,3,44,7,8,82, and 12, and the purport of the entire pleadings]

2. Determination

A. The gist of the Plaintiff’s assertion is that the instant accident scene is likely to occur with the driver’s judgment and mistake as the “consecting point,” which was determined by the Ministry of Land, Infrastructure and Transport’s guidelines for the installation and management of road safety facilities, which are established by the Ministry of Land, Infrastructure and Transport.

However, the defendant did not install a shock absorption facility on the front bank of the above pedestrian island, and the above pedestrian island, which is attached to the road, was in a state of lacking safety that must normally be equipped according to its use.

Since the defendant's negligence contributed to the accident of this case due to defects in the construction and management of the above pedestrian island and 30% of the defendant's negligence, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 132,144,282 (i.e., 440,480,940) and damages for delay.

(b) judgment;