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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff Company A (hereinafter referred to as the “Plaintiff”), and the Defendant is the installer and manager of the Yongsan-gu Bridge (hereinafter referred to as the “instant road”), a place where the following accident occurred.

나. 원고 차량 운전자는 2015. 5. 2. 22:50경 원고 차량을 운전하여 이 사건 도로 양평방향 228.5km 부근을 진행하던 중 포트홀(도로면이 움푹 파인 부분, 이하 ‘이 사건 포트홀’이라 한다) 위를 지나면서 원고 차량의 하체부위가 파손되는 사고가 발생하였다

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

The Plaintiff paid KRW 5,058,000 as the repair cost of the Plaintiff’s vehicle on May 22, 2015 due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1, 3, 4, 5 (including additional numbers) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The road of this case is a toll road that imposes user fees on the user, and the defendant is obliged to provide the road for safe use by the user of the road, and the road is to be repaired if necessary by the inspection from time to time, but the accident of this case occurred due to the failure to properly implement the road. Since the defendant is liable for damages in accordance with the responsibility for default or the responsibility of public structures, the defendant is liable to pay the plaintiff 5,058,000 won and damages for delay thereof in accordance with Article 682 of the Commercial Act. 2) The defendant's assertion of this case is under the situation where the defendant's management act could not occur, and this is objectively and objectively, there is no possibility and possibility of avoiding the damage due to the functional defect of the road, and therefore, the defendant's defect in the road management is liable for damages