1. Of the judgment of the court of first instance, KRW 2,576,00 against the Plaintiff and its related thereto from March 30, 2018 to December 5, 2018.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as “Plaintiff vehicle”).

2018. 3. 19. 17:35경 피고가 관리하는 도로로서 부산시 기장군 정관읍 두명터널 부근에 있는 편도 2차선(이하 ‘이 사건 도로’라 한다) 중 2차로를 따라 주행하던 원고 차량이 이 사건 도로 노면의 움푹 파인 부분, 이른바 ‘포트홀’(Pothole, 아스팔트포장의 표면이 국부적으로 떨어져 나가 움푹 패어지는 모양의 파손형태, 이하 ‘이 사건 포트홀’이라 한다)을 통과하다가 원고 차량이 흔들리면서 타이어 및 차량 하체가 손상되는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

On March 29, 2018, the Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 3,680,000 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 5-1, 2, and 6, each video of Gap evidence Nos. 5-2, and the purport of the whole pleadings, which are the parties responsible for the instant accident, caused the instant accident due to the negligence of this case, which occurred on the road managed by the defendant of the plaintiff, and thus, the defendant is obliged to pay the amount equivalent to the plaintiff's automobile repair cost to

The defendant regularly performed road patrol and faithfully performed the maintenance and repair of the road of this case in accordance with relevant Acts and subordinate statutes, and fulfilled his/her duty to take protective measures generally required by social norms. Rather, the defendant is not responsible for the defendant since the plaintiff's vehicle neglected its duty to take protective measures.

Judgment

Defects in the installation and preservation of roads which are structures shall be the location, etc. of roads, the structure of roads, the volume of traffic at the time of accidents, the conditions of the use of roads, such as the traffic conditions at the time of accidents, and the location and shape of physical defects.