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 has concluded a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “insured vehicles”) between A and the Defendant:

It is the construction manager of a road where an accident described in the port occurs.

나. A는 2014. 8. 20. 13:20경 피보험차량을 운전하여 울산울주군진하리울주소방서앞7번국도(이하 ‘이 사건 도로’라 한다)에서망양LG화학방면에서온산3거리방면으로운행하던중1차로 노면의 움푹 파인 곳(이하 ‘이 사건 포트홀’이라 한다)에 차량이 빠지면서 피보험차량의 우측 앞뒤 타이어부분이 훼손되는 사고가 발생하였다

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

On October 15, 2014, the Plaintiff paid KRW 297,000 for the repair cost of the insured vehicle (hereinafter “instant repair cost”) as insurance money to A.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence and Eul 1 evidence (including branch numbers), the purport of the whole pleadings

2. Determination

A. The accident of this case occurred because the Defendant, who is responsible for managing the Plaintiff’s assertion, left alone the Art Hall of this case at risk of accident, and this constitutes a defect in the construction and management of public structures under Article 5(1) of the State Compensation Act.

The plaintiff acquired the right of subrogation of the insurer under Article 682 of the Commercial Act by paying insurance money to A. Therefore, the defendant is obligated to pay the plaintiff the insurance money equivalent to the repair cost of KRW 297,00 and delay damages.

B. (1) The “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to the state in which the public structures offered for public purposes have not been able to have ordinary safety in accordance with their intended use.

In addition, whether the above safety has been secured is generally accepted by social norms in proportion to the danger of the public structure.