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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an insurance contract of automobile type insurance with Nonparty Dommmtex Co., Ltd, setting the insurance period from July 14, 201 to July 14, 2012 with respect to Achip HG vehicles (hereinafter “instant vehicle”).
B. On July 27, 201, around 08:30 on July 27, 201, the instant vehicle: (a) an accident in which the front part of the operation was flooded (hereinafter “instant accident”); and (b) the Plaintiff paid KRW 10,863,000 in total in the name of the vehicle repair cost for the said flood accident.
[Grounds for Recognition] Each of Gap evidence Nos. 1 through 4, Gap evidence No. 5-1 to 4
2. Determination as to the cause of action
A. The Defendant, who is the road management agency in the Plaintiff’s assertion jurisdiction, continuously conducted a patrol over the road with high flood risk, and continuously conducted a patrol over the road that has been issued prior to the instant accident, and where it is deemed that there is a risk of inundation or inundation, he/she should have checked the road conditions and taken necessary measures, such as emergency restoration and right-hand traffic, but neglected to take necessary measures, and caused the instant accident, and thus, the Defendant is liable to compensate for the damages incurred to the instant vehicle due to the instant accident.
However, the Plaintiff, who is the insurer of the instant vehicle, exempted the Defendant from liability by paying KRW 10,863,000,000 equivalent to the amount of damages, so the Defendant is obligated to pay the Plaintiff KRW 4,345,200, which deducts 60% of the contributory portion out of the said insurance proceeds.
B. The defect in the construction or management of a public structure under Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state in which the public structure is not equipped with safety ordinarily required for its use. However, the construction or management of the public structure merely means that the public structure is not in a state of completeness and has any defect in its function.