1. The Defendant shall pay KRW 3,844,00 to the Plaintiff KRW 5% per annum from February 6, 2014 to March 27, 2018 and the next day.

1. Basic facts

A. The Plaintiff as a party is a company running non-life insurance business, etc. for the purpose of business with A, and is a person who concluded a personal automobile insurance contract for B automobiles owned by A (hereinafter “Plaintiff”) with the Defendant, and the Defendant is a road management agency as referred to in Article 77 (Free Road) of the general national highway located in the Dong-dong, Busan-gu, Busan-gu, the place where the instant accident occurred.

B. On December 28, 2013, the network C of the instant accident (hereinafter referred to as “the network”) driven the Plaintiff’s vehicle at his own discretion around 08:04, which led to the crashing day set up on the left side of the direction of the proceeding beyond the opposite lane while driving one-lane among the two-lanes connected to the TIC Seoul direction.

As a result, the Plaintiff’s vehicle was disseminated, and the Deceased died.

(hereinafter “instant accident”). C.

On February 5, 2014, the Plaintiff paid KRW 8,440,000 for the repair cost of the Plaintiff’s vehicle and KRW 30,000 for the Deceased and KRW 30,440,000 for the Deceased.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1, 2, 2-2-1, 3-3, 5 through 7, Eul evidence 10, and the purport of whole pleadings and arguments]

2. In installing and managing the instant accident site, the Defendant did not install a dump protection fence or install a dump ice dump prevention facility despite the topographical and structural characteristics of the said accident site, and the Defendant caused the instant accident by mistake.

As the insurer of the Plaintiff vehicle, the Plaintiff acquired the right to indemnity against the Defendant pursuant to Article 682 of the Commercial Act by paying the insurance money in full.

Therefore, the defendant is liable to pay the plaintiff the insurance money paid to A, KRW 38,440,00,000, and damages for delay.

3. Determination

(a) any defect in the construction, management or preservation of roads generally is located in a place, including the location of roads;