1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 6, 2012, A driving the Plaintiff’s insured vehicle B, and then driving the Plaintiff’s insured vehicle, and died of E, who was on the front line of the vehicle operation, on the 31st national highway (hereinafter “accident site”) of the D, the front line D, which is one-lane in the North Nutrition C, on August 6, 2012, due to the negligence of neglecting the Cheongju-si in the Cheongju-si, while driving the Cheongju-si as a Cheongju-si Myeon.

(hereinafter “instant accident”). (b)

The Plaintiff paid KRW 28,673,50,00 to A for the injury insurance money, KRW 3,908,110, and KRW 28,673,50, respectively, due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 10 to 16, the purport of the whole pleadings

2. The Defendant, who is the installer and manager of the place where the Plaintiff alleged the accident occurred, is erode, and is likely to be mistaken for the right-hand road, did not clearly indicate the part, despite being mistaken for the right-hand road, and did not install the shock absorption facilities as stipulated under Article 37 of the Road Act and Article 38(1) of the Rules on the Standards for Structure and Facilities of Roads. As such, the Defendant is obliged to pay the amount equivalent to the Defendant’s ratio of liability out of the insurance money paid by the Plaintiff to the

3. Determination

A. The defect in the construction or management of a public structure refers to a state in which the public structure has failed to have safety ordinarily required in accordance with its intended purpose. The defect in the construction or management of the public structure can not be said to have a defect in the construction or management of the public structure merely because the public structure is not completely in a state of completeness and has any defect in its function. In determining whether the public structure has safety above, the construction or management of the public structure is generally accepted in proportion to the danger of the public structure by comprehensively taking into account all the circumstances, including its use, the current status of the place of the