구상금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Facts of recognition;
A. The Plaintiff concluded an automobile insurance contract with the insurer running non-life insurance business, and B between B and C (hereinafter “victim”).
B. On April 23, 2018, around 15:30, when driving a damaged vehicle and driving it on the road located in Jin-si D (hereinafter “instant land”) at Jin-si (hereinafter “instant road”), there was an accident (hereinafter “instant accident”) where the damaged vehicle is at the center of the damaged vehicle and the damaged vehicle was removed from the road and returned to the road (hereinafter “instant accident”).
C. On April 30, 2018, the Plaintiff paid to B, on May 17, 2018, KRW 893,800 as the expenses for the repair of his/her own vehicle, and on May 17, 2018, KRW 205,80 as the medical expenses from May 25, 2018 to June 20, 2018, the Plaintiff paid KRW 5,109,60 as the aggregate of the expenses for the repair of his/her own vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, images of Gap evidence Nos. 4 through 9, the purport of the whole pleadings
2. The parties' assertion
A. The accident of this case occurred due to the defect in the construction and management of the road of this case. Thus, the defendant responsible for the maintenance and management of the road of this case is obligated to pay the plaintiff totaling KRW 5,109,600 and delay damages.
B. The defendant is not the person responsible for the maintenance and management of the road of this case, and even if the defendant is the person responsible for the maintenance and management of the road of this case, it cannot be viewed that there was any defect on the
3. Determination
A. According to the fact-finding results on Gap's evidence Nos. 10, 11, and 12, Eul evidence Nos. 1, Eul evidence Nos. 4, Eul evidence Nos. 4, and the first instance court and the first instance court, the following facts can be acknowledged. (A) The road of this case starts from Jinju-si managed by Jinju-si and ends at H.