1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is a local government that takes charge of the maintenance and repair as the managing body of the new roads and underground streets located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant underground streets”).

B. Around 08:50 on May 15, 2018, the driver of the Plaintiff’s vehicle, while driving the Plaintiff’s vehicle and driving the instant underground tea, was damaged by the damage caused by the front aspect of the Plaintiff’s vehicle, etc., by driving the drain net of the drainage hole (hereinafter “ethyl scrap net”) that was protruding out from the drainage channel outside the vehicular road while driving the instant underground tea.

(hereinafter referred to as “instant accident”). C.

On August 10, 2018, pursuant to the above car insurance contract, the Plaintiff paid KRW 5,528,000, excluding the self-paid cost of KRW 500,000, out of the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 9, or the purport of the whole pleadings

2. The Defendant, as the managing body of the instant underground vehicular road, neglected to maintain and manage the instant underground vehicular road and stick out from the drainage channel outside the vehicular road. As a result, the instant accident occurred, the Defendant is obligated to pay the Plaintiff the insurance money equivalent to the repair cost of the Plaintiff’s vehicle and pay the Plaintiff the above KRW 5,528,000 and the damages for delay.

3. Determination

A. "Defects in the construction or management of the public structure" under Article 5 (1) of the State Compensation Act means the state in which the public structure is not equipped with safety ordinarily in accordance with its use. In the construction and management of the public structure, the construction of the public structure does not have a high level of safety to the extent that it always maintains a perfect state of integrity.