구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In fact, the Plaintiff is an insurer who has concluded an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is the manager of the national highway 38 lines located in the Gangwon-gun, Gangwon-do.
Plaintiff
On June 7, 2016, at around 00:12, the vehicle was dissipated without discovering a stone falling (hereinafter “instant falling") which was far away from the front bank while driving along the two-lanes of the upper parallel line of the 38th parallel line of the Gangwon National Road of the Gangwon National Road, Gangwon-do, Gangwon National Road. (hereinafter “instant accident”). Accordingly, the wheelchairs and spons of the Plaintiff’s vehicle were damaged.
On June 29, 2016, the Plaintiff paid KRW 1,465,000 insurance money to the Plaintiff’s automobile repair cost, etc.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The plaintiff: the accident of this case occurred due to the defect in the construction and management of the national highway 38 that was left alone the road surface, and the defendant must compensate for the damage caused by the defect.
The plaintiff paid insurance money and acquired by subrogation the right to claim damages against the defendant under Article 682 of the Commercial Act.
B. Defendant: The instant falling stone appears not to have occurred on the surface of the road or the vicinity of the road, which is subject to the Defendant’s management, but to have been damaged by the preceding vehicle; and it is practically impossible for the Defendant to prepare against the occurrence of the accident caused by the fall of the said vehicle. As such, the instant accident cannot be deemed to have occurred due to the defect in the construction and management of the national highway 38 lines.
3. Determination
A. The following circumstances revealed by the existence of the liability for damages and the evidence revealed prior to the occurrence of the liability for damages, i.e., the instant abortion was located far away from one lane of the two-lanes of the upper parallel running by the Plaintiff, and the lower parallel, which is a adjacent road, is likely to fall into falling into falling of falling rocks, as the lower parallel, is considerably adjacent to the lower parallel, and ② the front line of the accident site was released from falling rocks.