1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter referred to as “Plaintiffs”) with A during the insurance period from May 9, 2015 to May 9, 2016.

나. A은 2016. 3. 31. 16:30경 원고차량을 운전하여 군산시 내초동 200-4 매립장삼거리 부근 국도 21호선 도로(이하 ‘이 사건 도로’라 한다)를 주행하던 중 위 도로상에 있던 쇠파이프를 밟고 지나가면서 쇠파이프가 튕겨져 나가 뒤따르던 C 차량(이하 ‘피해차량’이라 한다)을 충격하여 피해차량이 파손되는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

C. On April 20, 2016, the Plaintiff paid KRW 360,000 as the repair cost of the damaged vehicle as the insurer of the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, or the purport of the whole pleadings

2. Determination

A. The plaintiff is liable to compensate for damages of this case on the premise that the managing body of the road of this case is the defendant, and the defendant is the general national highway road management agency of this case, pursuant to Articles 23(2)3 and 85 of the Road Act, the petition of appeal of this case stated that the former state road management agency of this case is the road management agency of this case, but it seems to be obvious error.

Thus, the defendant is not the managing body of the road of this case, and accordingly, the claim of this case is erroneous and unjust.

According to the provisions of Article 6 of the Government Organization Act, Article 1 and Article 41 of the Regulations on Delegation and Entrustment of Administrative Authority, Article 9 of the Local Autonomy Act, Articles 23 and 110 of the Road Act, and Article 100 of the Enforcement Decree of the Road Act, the Minister of Land, Infrastructure and Transport may delegate the affairs concerning general national highways to the Mayor/Do governor.

In particular, according to Article 23 of the Road Act, the road management authority is the national expressway.