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 entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the vehicle B owned by it (hereinafter “instant vehicle”) by setting the insurance period from June 4, 2013 to June 4, 2014. The Defendant is a national highway manager No. 46.

B. On March 11, 2014, C driving the instant vehicle, around 14:40, and driving the instant vehicle and the instant road No. 46 adjacent to the Cheongyang-gun, Cheongcheon-si (hereinafter “instant road”) in the Cheongcheon-gu, Gyeonggi-do, is running in a usual direction from the Cheongyeong-do, and the instant vehicle and the instant road were damaged due to the shock of the dives on the right side of the proceeding direction, and the driver was injured (hereinafter “instant accident”).

C. In accordance with the instant insurance contract, the Plaintiff paid KRW 8,695,460 in total for the costs of repair due to the damage of dricks, vehicle damage, and driver’s medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4 (including each number, if any, hereinafter the same shall apply)

2. The assertion and judgment

A. The gist of the plaintiff's assertion is that the defendant is obligated to manage the road management entity of this case so that users can use roads safely and in a pleasant manner.

However, as the Defendant divided the amount of snow removal into the road of this case, the accident of this case occurred due to the failure to take vehicle control or other safety measures despite the occurrence of the risk of the accident due to the decline of the road of this case, so the Defendant is obligated to compensate for the damage caused by the accident pursuant to Article 758 of the Civil Act and Article 5 of the State Compensation Act

In addition, since the Plaintiff paid the full amount of damages as the insurer of the instant vehicle as the insurance money, it may subrogate the insurer pursuant to Article 682 of the Commercial Act, and considering the degree of the Defendant’s responsibility, the Defendant paid to the Plaintiff.