Expenses for appeal shall be borne by the plaintiff.

The judgment of the first instance is the purport of the claim and the appeal.

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), including when the Plaintiff refers to the driver.

B. On August 15, 2019, around 14:37, the Plaintiff’s vehicle was driving along a road near the entrance and exit of 1, U.S., Seo-dong, Seo-gu, Sungnam-si (hereinafter “instant road”). On the other hand, the Plaintiff’s vehicle was driving along a road located in the exclusive lane for buses.

With the lapse of two art holess, there was an accident that causes damage to the wheelchairs, typ, etc. of the Plaintiff’s vehicle (hereinafter “instant accident”).

(c)

On October 25, 2019, the Plaintiff paid 459,180 won to the insured as insurance proceeds, excluding 200,000 won for the repair cost of the Plaintiff’s vehicle due to the instant accident.

(d)

The road of this case is managed by the defendant.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-5 and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident in this case occurred after the plaintiff's failure to grasp the existence of the soft hole because the accident in this case is rainwater in the soft hole located on the road in this case. This is due to the defendant's negligence in managing the road in this case, such as neglecting to confirm the condition of the road through active patrol, and the defendant is liable to compensate the damage suffered by the plaintiff's vehicle due to the defect in the construction and management of the road in this case. Thus, the plaintiff asserts that the plaintiff sought compensation by subrogation of the insurer.

As to this, the defendant did not have filed a civil petition related to the Art Hall even though the size of the vehicle on the road of this case is reasonable, and it is presumed that the Art Hall at issue was a large amount of vision prior to the accident of this case, but it is presumed that the Art Hall at issue occurred immediately before or near the accident of this case, but it is an inevitable situation that cannot be immediately taken as the defendant.