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. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the following:

A local government is a local government that establishes and manages a sewerage system, which is a sewerage system (hereinafter referred to as "the first person in this case") at a place where an accident described in the port occurred.

B. A, around 15:15 on February 20, 2015, while driving the Plaintiff’s vehicle and driving the Hanam-si Ground C Road (hereinafter “instant road”), the instant Manle, which was protruding at a height of 4 cm from the ground of the instant road, was shocked toward the upper part of the Plaintiff’s body (hereinafter “instant accident”), thereby causing damage to the upper part of the Plaintiff’s vehicle and the lower part.

C. By March 4, 2015, the Plaintiff paid insurance proceeds of KRW 2,826,440 as the repair cost of the Plaintiff’s vehicle.

On the other hand, the road of this case is being provided as private land for the passage of the general public, and is planned as a road according to the urban planning, but it has not yet been designated as a road or has not yet been started for the public.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 11-1, 2, Eul evidence 1 and 4, Eul evidence 6-1 and Eul evidence 6-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) Determination of the Plaintiff’s assertion of defects in the construction and management of public structures (1) the Defendant, who is the manager of the instant road and the Manle of Manle, has taken measures to ensure that the ground level of the road was lowered after the installation of Manle on the instant road, and that the road was protruding the Manle of Manle, or has taken safety measures such as restricting access to the point of accident, or installing the safety net or guardrails, etc., but neglected it. Since the instant accident occurred due to such defects in the construction and management of the road or Manle, the Defendant was in accordance with Article 682 of the Commercial Act.