1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the cause of the claim is the insurer who entered into an automobile insurance contract with the tank posters and vehicles A owned by the said company (hereinafter “instant vehicle”).

Around 02:00 on August 20, 2017, the instant vehicle was involved in the instant accident that was flooded into seawater during parking at the parking lot at the Scar-myeon Scar-Sari-ri Scar, Hong-gun, Hongsung-gun.

The defendant, the managing body of the above landing place, which is a public structure, failed to take measures, such as the installation of guidance signs or parking prohibition guide signs in preparation for danger at full time, and the accident in this case occurred due to the defect in the construction and management of such public structure. Thus, the defendant is liable to compensate for all damages incurred to the vehicle in this case.

The Plaintiff, as an insurer for the instant vehicle, paid the repair cost of KRW 43,980,00 as insurance money, so the Plaintiff acquired the claim for damages against the Defendant by virtue of the insurer subrogation doctrine under Article 682 of the Commercial Act.

Therefore, the defendant is obliged to pay to the plaintiff the amount of damages equivalent to the above repair cost of KRW 43980,000 and damages for delay.

2. The judgment of the court below is the management authority of the landing place of the ancient-ri port where the instant accident occurred, and the fact that the instant vehicle was involved in the instant accident, as alleged by the plaintiff, is not a dispute between the parties.

However, as alleged by the Plaintiff, there is no evidence to prove that the instant vehicle was parked in the parking lot at the seat of the ancient port, and in full view of evidence Nos. 3, 5, and 4 video and evidence Nos. 1, 2, the place where the accident was parked is considered to be the seat-holder, which is the fishery harbor facility of the ancient port designated as a local fishing port in accordance with the Fishing Villages and Fishery Harbors Act.

Furthermore, there is no evidence to acknowledge any defect in the installation and management in the above landing place for public structures.

Rather, according to the description or image of evidence Nos. 2-6, 8, and 9, the arrival, which is the place of accident, is the place of accident.