1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to At XG vehicles (hereinafter “accident vehicle”). The Defendant is the manager of the road on which the following accidents occurred (hereinafter “instant road”).

B. Around 13:08 on August 26, 2016, the insured of an insurance contract for an accident vehicle B, who driven an accident vehicle and driven the two-lane road in front of the D in Ulsan-gun, Ulsan-gun, along one lane in the direction of the two directions in the direction of the two directions, shocked the central separation zone on the left side of the direction of the course (hereinafter “instant central separation zone”) into the front side of the accident vehicle.

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

Due to the instant accident, B and E (B’s wife), a driver of the vehicle involved in the accident, died, and the Plaintiff paid KRW 100,230,000,00 as insurance money to B and E on September 8, 2016.

The map on the site of the accident of this case is as shown in attached Table 1, and among the guidelines for the installation and management of road safety facilities applied at the time of the accident of this case (hereinafter referred to as the "road management guidelines"), the relevant contents of this case are as listed in attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, 10 to 16, the purport of the whole pleadings

2. Determination

(a) Defect in the construction or management of a public structure as stipulated in Article 5(1) of the State Compensation Act (the State Compensation Act) means a state in which the public structure was not equipped with safety ordinarily for its intended purpose.

However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. In light of the overall circumstances such as the use of the public structure and its current status and current status of its installation use, whether the installer or manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure.