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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A on B ASEAN A5 motor vehicles (hereinafter “instant motor vehicles”) owned by A, and the Defendant is the manager of the Young-dong Highway (hereinafter “instant road”).

나. A은 2013. 12. 5. 23:20경 이 사건 차량을 운전하여 이 사건 도로를 북수원 IC 방면에서 동수원 IC 방면으로 진행하고 있었는데, 동수원 IC로부터 2km 이전 지점에 이르러 1차로의 좌측 차선과 중앙분리대 사이 부분에 위치한 포트홀(도로면이 움푹 패인 지점, 이하 ‘이 사건 포트홀’이라 한다) 위를 지나가면서 이 사건 차량이 상하로 흔들리는 사고가 발생하였다

(hereinafter referred to as “instant accident”). C.

A requested the Plaintiff’s on-site dispatch service after the occurrence of the instant accident to tow the instant vehicle.

Since then, the repair of the instant vehicle was carried out for the instant vehicle, such as the wheel exchange and the wheel exchange, and the Plaintiff shared KRW 3,110,000 for the repair cost.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, Eul evidence No. 4 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is a national expressway that frequently passes at a speed of 100 km per hour, and the surface of the instant road should be maintained and maintained in a balanced manner. However, it did not meet safety requirements for the instant road, such as where there is a cross-road in the part between the first lane of the instant accident site and the median zone due to damage of the surface of the road, and where the instant vehicle exists due to the said preservation defect, and the instant accident occurred due to the said preservation defect, and thus, the Defendant, the manager of the Young-dong Highway, is liable to pay the Plaintiff the indemnity amount of KRW 3,110,000, and damages for delay.

B. Construction of relevant legal principles and public structures in relevant statutes.