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”).

B. A, around 09:20 on August 1, 2014, driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle according to the one lane between the two-lanes of Busan Gangseo-gu and the two-lanes, and the two-lanes are changed from the two-lanes to the three-lanes, and the part where the two-lanes and the three-lanes of the Plaintiff’s vehicle are moving from the two-lanes to the three-lanes, causing damage to the parts of the Plaintiff’s vehicle, such as the hub frame, string language, and buber, etc.

(hereinafter “instant accident”). C.

On August 8, 2014, the Plaintiff paid KRW 5,650,000 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 5, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserted that the defendant, the road management agency of the point where the accident in this case occurred, packaging the road in this case, did not look at the adjacent ground and height, and did not take appropriate measures to prevent the accident, such as installing signs, such as the "slow-down, railing, danger, etc.," or blocking the passage of the vehicle by painting, etc., and as a result, the accident in this case occurred due to the defect in the construction and management of the road in this case, the defendant should pay to the plaintiff the insurance money 5,650,000 in the name of the plaintiff's automobile repair cost paid by the plaintiff due to the accident in this case, and delay damages.

B. Therefore, the term “a defect in the construction or management of a public structure” refers to the state in which the public structure is in a state of failing to meet the ordinary safety requirements according to its use. It is neither the state of complete nor the function of the public structure.