1. The part against the defendant in the judgment of the first instance shall be revoked;

The plaintiff's claim corresponding to the above cancellation part.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Postal Transport Co., Ltd. and the ANAS vehicles with respect to the B and Cros vehicles, with respect to the vehicles for which the Plaintiff entered into a comprehensive automobile insurance contract with the YF vehicles.

B. On July 27, 2011, around 08:00, the foregoing vehicles were flooded (hereinafter “instant accident”) on the road located in Seocho-gu Seoul Metropolitan Government, and the Plaintiff paid KRW 29,514,900 in total in the name of the insurance money as the cost for repairing vehicles due to the instant flood accident.

[Reasons for Recognition] Each entry or video of Gap evidence Nos. 1, 2, 4 through 24, and the purport of the whole pleading

2. Determination as to the cause of action

A. The defendant, who is the road management agency in the plaintiff's assertion jurisdiction, shall be equipped with drainage facilities to prevent the inundation of the road and shall continuously conduct a patrol on the road with high flood risk, and in the event that it is deemed that there is a risk of inundation or inundation, the vehicle traffic should be promptly restricted and the vehicle traffic should have been taken necessary measures such as emergency restoration and bypassing traffic, but the accident of this case occurred due to negligence in taking such measures. Thus, the defendant is liable to compensate for damages caused by the accident of this case.

The Plaintiff, who is an insurer of the above vehicles, exempted the Defendant from liability by paying KRW 29,514,90,00 equivalent to the amount of the damages, so the Defendant is obligated to pay the Plaintiff KRW 11,805,960 equivalent to the remaining 40% of the amount of the above insurance proceeds less the contribution ratio of natural forces.

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 of the public structure merely means that the public structure is not in a state of completeness and has any defect in its function.