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 motor vehicle insurance contract with A for B B truck owned by the Plaintiff (hereinafter “instant vehicle”). The Defendant is the construction and manager of the first-lane national highway 31 lines on the south-gu long-term new road (hereinafter “instant road”).

B. A, on November 23, 2013, driven the instant vehicle without obtaining a driver’s license on November 23, 2013, driving the instant vehicle and proceeding the instant road into the area of the Gu, YYYY, and died by shocking C, leading the handcon to the upper right side of the instant vehicle in the same direction.

(hereinafter referred to as "the accident of this case". (c)

From December 31, 2013 to August 7, 2014, the Plaintiff paid KRW 65,965,870 in total to C’s bereaved family members, etc.

10. The term "roadside area" means the edge of a road that is not divided into a sidewalk and a roadway, but is demarcated by safety signs, etc. in order to ensure the safety of pedestrians.

Article 8 (Road Traffic) (2) Pedestrians shall pass along the left-hand side of a road or the roadside area on a road which is not divided into a sidewalk and a roadway.

Article 2 (Definition of Ordinance of the Ministry of Land, Infrastructure and Transport) 29. The term "road shoulder" means a part of a road connected to a roadway to protect the road and to be used in an emergency.

(2) The width of a shoulder to be installed on the right side of a roadway shall be at least the following width according to the classification of roads and the design speed:

Provided, That it may be at least 0.5 meters in a section in which the lanes, such as an erroneous lane or a transmission lane, are connected.

- Not less than 1m in general roads (regional areas) with a speed of less than 60km - Si speed of not less than 60km but less than 80km.