1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with B automobiles owned by A (hereinafter “Plaintiff”).

B. On July 23, 2013, around 20:50, A driven the Plaintiff’s vehicle, driving the three-lane of the four-lane road (hereinafter “instant road”) near the entrance of the underground road in front of the Southern-gu Incheon Metropolitan City Seo-gu, Incheon, as a long-distance flood control area, along the front side of the lower-lane of the road (hereinafter “instant road”). On the left side of the said three-lane, a vehicle driving ahead of the lower-lane of the Plaintiff’s vehicle, leading to an accident (hereinafter “instant accident”). The vehicle driving ahead of the lower-class left side of the Plaintiff’s vehicle, thereby falling short of balance, and contacted with the U.S. vehicle driving over two-lanes of the two-lane.

C. On July 31, 2013, the Plaintiff paid KRW 960,000 at the repair cost of the Plaintiff’s vehicle destroyed by the instant accident (hereinafter “instant repair cost”). D.

The defendant is the installer and manager of the road of this case.

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

2. The parties' assertion

A. The Plaintiff’s assertion is the installer and manager of the instant road, who is obligated to remove the instant falls, such as the instant falls away from the instant road, and to secure the safety of the instant road by promptly removing them, despite the fact that the instant accident occurred on the wind that failed to perform such duty. As such, the Defendant is obligated to pay the repair cost to the Plaintiff who acquired the right to claim damages against the Defendant A by subrogation of the insurer under Article 682 of the Commercial Act, and pay the amount equivalent to the repair cost of the instant case with the indemnity and the delayed payment

B. The Defendant’s assertion is that the instant accident was far away from the instant road by a third party’s act, other than the Defendant, and the Defendant’s management act may occur at time and place.