1. The part against the defendant among the judgment of the first instance is revoked and the plaintiff's claim corresponding to the revoked part is dismissed.

1. The following facts may be found either in dispute between the parties, or in addition to the whole purport of the pleadings, on the images of Gap evidence Nos. 1 to 4, Gap evidence Nos. 5 and 6:

The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the Plaintiff as the insured with respect to A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

B. At around 08:50 on December 2, 2016, B, while driving the Plaintiff’s vehicle and driving the instant road on the 1st underground passage, the Plaintiff’s vehicle was damaged due to shocking the panel located far from the road floor while driving the instant road on the 1st underground passage (hereinafter “instant accident”).

C. On December 9, 2016, the Plaintiff paid KRW 1,012,00,000, totaling KRW 288,000 to Hyundai Motor Replacement Services, and KRW 724,00,00 to Thai Co., Ltd., for the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. The plaintiff's assertion is the manager of the road of this case, who is a manager of the road of this case and has the duty to ensure smooth passage of the vehicle by placing the falling on the road in time

Nevertheless, the panel, which was far away on the road of this case, was left alone without being imprisoned in time.

As above, defects in the management of the road of this case provided the cause of the accident of this case.

Therefore, the defendant is obligated to pay the plaintiff the insurance proceeds of KRW 1,012,00 and damages for delay incurred by the plaintiff due to the accident in this case in accordance with the principle of subrogation by the insurer under Article 682 of the Commercial Act.

3. Where a traffic safety defect, which is the original purpose of the road, has been caused by an act of a third party after the construction of the road, the preservation defect of the road shall not be recognized only with such a defect, and such defect may be restored to its original state by taking into account all the circumstances, such as the structure, location, environment and current use of the road in question;