구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The facts of recognition (1) The Plaintiff is the insurer of B Eccuss Vehicle (hereinafter “Plaintiff”). (2) The Plaintiff’s vehicle paid insurance proceeds of KRW 162,00 on May 21, 2018 after deducting KRW 162,00 for the repair cost of the Plaintiff’s vehicle and KRW 652,00 for the repair cost of the Plaintiff’s vehicle and KRW 52,000 for the repair cost of the Plaintiff’s vehicle and KRW 52,000 for the repair cost of the Plaintiff’s vehicle and KRW 52,00 for the repair cost of the Plaintiff’s vehicle and KRW 52,00 for the repair cost of the Plaintiff’s vehicle are not disputed between the parties to the instant accident and the manager of the instant vehicle, or both evidence and evidence of evidence No. 1, No. 71, No. 71, and evidence No. 31, No.
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident occurred entirely due to the Defendant’s defects in road management, and as the Plaintiff’s driver was a driver of the vehicle, it was impossible to discover the instant Art Hall.
Therefore, according to subrogation by the insurer, the Defendant is obliged to pay the Plaintiff the full amount of the insured’s damages (i.e., KRW 652,000,000, which is the Plaintiff’s insurance money paid to the Plaintiff).
B. The Defendant alleged that he had fulfilled his duty of care to maintain and manage roads by, for instance, restoring damaged parts confirmed while patroling the road at the location of the instant accident. Since the Art Hall of this case appears to have occurred immediately before the instant accident occurred, that is, it is virtually impossible for the Defendant to pay remuneration. Therefore, solely on the existence of the Art Hall of this case and the fact that the instant accident occurred, the Defendant cannot immediately be held liable to the Defendant due to the defect in road management.
Rather, this is the case.