1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B automobiles owned by A (hereinafter “Plaintiff”), and the Defendant is a corporation established by the Korea Highway Corporation, which performs the duties of maintaining and managing the Highway in accordance with the said Act and the Motorway Act.

B. On July 30, 2015, around 21:25, the Plaintiff’s vehicle faced with the string of the road located far away from the three-lane of the road while driving in the vicinity of the second quarter of the Incheon Highway at around 2km.

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

On August 25, 2015, the Plaintiff paid insurance proceeds of KRW 5,132,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The Plaintiff’s assertion is due to the management defect that the Defendant left alone without removing the obstacles on the surface. Thus, the Defendant should pay damages to the Plaintiff who subrogated A.

3. Determination of defects in the construction, management, and preservation of roads shall be made in detail in accordance with social norms by comprehensively taking into account all the circumstances, such as the location of roads, road structures, traffic volume, traffic conditions at the time of accidents, etc., including the original purpose of use thereof, and the location and shape of physical defects. If a traffic safety defect, which is the original purpose of the road, has occurred through an act of a third party after the construction of the roads, the preservation defect of the roads shall not be acknowledged merely on the ground that such defect has been found if the act of the third party causes such defect, and the existence or absence of such defect shall be determined by individually and specifically examining all all the circumstances, such as the structure, location, environment, and use situation of the roads concerned, even though the road can be

Supreme Court Decision 201Da1448 delivered on September 14, 1992