A. The Plaintiff is an insurer who has entered into an insurance contract with two public-owned A Co., Ltd. (hereinafter “instant vehicle”) as the insured for two public-owned vehicles (hereinafter “instant insurance contract”).

B. On July 1, 2016, around 15:25, Nonparty B driven the instant vehicle on the roads (hereinafter “road at the instant accident point”) located under the New Mancheon-Ga road located in Sincheon-dong, Seocheon-gu, Sinsan-si, Sincheon-si, Seoul (hereinafter “instant accident point”), and the instant vehicle was damaged on the wind that the instant vehicle was flooded and stopped at a lower point in the middle of the road due to centralized rain.

(hereinafter referred to as “the flood accident of this case”)

The Defendant is a local government responsible for managing the road of the instant accident site.

On August 18, 2016, the Plaintiff paid 31,000,000 won for repair costs of the instant vehicle to two co-owners according to the instant insurance contract.

E. The day of the flood accident of this case was 108 meters from the day of the flood accident.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1 evidence, the whole purport of pleading

2. Determination

A. The plaintiff asserts that the defendant, who is the manager of the road at the location of the accident of this case, neglected to take measures for the safety management of the road, caused the flood accident of this case, the defendant is obligated to pay the plaintiff KRW 31,00,000 with the indemnity amount. Accordingly, the defendant asserts that the road at the location of this case was flood caused by concentrated rain, and that the driver of the vehicle of this case was negligent in driving the vehicle of this case, while knowing that the driver of the vehicle of this case was guilty of water.

B. Thus, we examine whether there was a defect in the construction or management of the road at the instant accident point.

1. Defects in the construction and management of public structures such as roads under Article 5 (1) of the State Compensation Act shall be ordinarily equipped for the purposes of such public structures.