1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is a person who manages the coast guard highway.

B. On December 14, 2014, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle, at a place where the packaging of a part of the road was destroyed (i.e., pole: pole; hereinafter referred to as the “instant Art Hall”) was destroyed, and the accident was caused by damage to the front side of the Plaintiff’s vehicle and the wheelchairs (hereinafter referred to as the “instant accident”).

C. On March 2, 2015, the Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 2,187,000 to the insured as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 1, or the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion on the expressway at the point of the instant accident was located on the expressway at the time of the accident, which is a risk factor for traffic safety at the time of the accident, and the Defendant neglected the said hole, which constitutes a defect in road management and preservation.

Since the accident of this case occurred due to the defect in the management and preservation of the expressway at the point of the accident of this case, the defendant is obligated to pay the plaintiff the insurance money of 2,187,000 won and delay damages incurred by the plaintiff pursuant to Article 758 of the Civil Act.

B. The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s breach of duty to safely drive the Plaintiff’s driver, and that the Art Hall of this case was neglected for a long time. Therefore, the Plaintiff’s claim cannot be complied with due to the lack of defects in the management and preservation of the instant road.

(c) The defects in the construction and preservation of a road, which are one structure, shall include the conditions of the location of the road, such as the structure of the road, the volume of the road and the traffic conditions at the time of the accident, and the original purpose of the use thereof.