A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to ANAS380 Vehicles (hereinafter “Plaintiffs”). The Defendant (the Government Land Management Office under its jurisdiction) is a road manager as prescribed by the Road Act with respect to the National Highway 77 Line Freedom, located on the land of Pakistan-si (hereinafter “instant Road”).

나. 원고차량 운전자는 2016. 3. 12. 15:18경 원고차량을 운전하여 이 사건 도로를 서울 방면에서 문산 방면으로 편도 4차로도로의 4차로를 따라 진행하던 중 성동IC 700m 이전 지점 움푹 파인 부분[이하 ‘포트홀(pothole)’이라 한다]으로 인하여 원고차량의 우측 타이어와 휠, 서스펜션과 동력추진축이 손상되었다

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

On March 29, 2016, the Plaintiff paid KRW 1,347,000 to B with the repair cost of the Plaintiff’s vehicle.

[Based on Recognition] A without dispute, Gap evidence 2 and 3, Gap evidence 6-1, 2, Eul evidence 3 through 6 (including each video of Gap evidence 3 and 6), Gap evidence 1 and 5, Gap evidence 4-1 and Eul evidence 4-2, the purport of the whole pleadings and arguments

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident was caused by the Art Hall of the instant road. The Defendant, the manager of the instant road, neglected the maintenance and management of the instant road and did not take safety measures, such as caution signs or traffic restrictions, etc. against the Art Hall. As such, the instant accident was entirely caused by the defect in the preservation of the instant road.

Therefore, the Defendant, who is the manager of the instant road, is liable to compensate the insured of the Plaintiff’s vehicle for the damages caused by the instant accident, and the Plaintiff, for the insured, pays the insurance money of KRW 1,347,00 to the repair cost of the Plaintiff’s vehicle due to the instant accident, by subrogation of the insurer under Article 682