2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the C-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the road management authority that manages the 45-line road (hereinafter “instant road”) on the national highways near the Singu-Eup in the Man-si.

B. On May 31, 2019, around 15:00, B driven the Plaintiff’s vehicle and driven along the two-lanes of the instant road (hereinafter “instant stone”) and the parts of the body of the Plaintiff’s vehicle faced with each other, causing damage to the engine lower part (hereinafter “instant accident”).

C. On August 6, 2019, the Plaintiff, as an insurer of the Plaintiff vehicle, paid KRW 19,300,000 for the repair cost of the Plaintiff vehicle (a separate sheet of KRW 500,000 for own shares) in accordance with the insurance contract.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 7, and the purport of the whole pleadings

2. Although the defendant, who is the manager of the road of this case, is in charge of patrol and management and supervision to prevent smooth traffic and accidents in advance, the defendant is liable to compensate for damages caused by the accident of this case, and the plaintiff, who is the insurer of the plaintiff vehicle, has paid the insurance money equivalent to the repair cost of the plaintiff vehicle, so the defendant is liable to pay the plaintiff the amount of money stated in the purport of the claim by subrogation of the insurer under Article 682 of the Commercial Act.

3. Determination

A. The construction, management, and preservation of a road shall be specifically determined in accordance with social norms by comprehensively taking into account all the circumstances, such as the location of the road, the structure of the road, the volume of the traffic at the time of the accident, and the original purpose of the road, and the location, shape, etc. of physical defects, and by the third party's act after the construction of the road.