1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Determination as to the cause of claim

A. Basic facts (1) The Plaintiff is an insurer who has entered into an automobile insurance contract with the insured with respect to B vehicles (hereinafter “insured vehicles”).

(2) On July 18, 2014, at around 06:07, A operated an insurable vehicle and passed a road installed in 768-2 at Asan-si, Masan-si, Masan-si (hereinafter “instant road”), and caused flood by a recorded concentrated rain up to 109.5 meters per hour at the time. As a result, the insured vehicle was discharged into the inside of the road and damaged to a considerable extent.

(3) The Plaintiff paid KRW 13,175,540 insurance money to A in accordance with the automobile insurance contract for the insured vehicle in relation to the instant insurance accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion (1) is the person responsible for the management or supervision of the road of this case under the Sewerage Act, and the defendant is responsible for causing the accident of this case by negligence in violation of the duty of care to prevent water erosion caused by the power to prevent sewage out of the road under the Sewerage Act. The responsibility ratio is 100%.

(2) The Defendant has a duty to compensate for damages caused by breach of the above duty of care, and the Plaintiff, as the insurer, has paid the insurance money equivalent to the above amount of damages to the insured, and thus, the Plaintiff may exercise the right to claim damages against the Defendant in subrogation pursuant to Article 682

(3) Therefore, the defendant is liable to pay to the plaintiff 13,175,540 won and damages for delay.

B. (1) According to Article 3(2) of the Sewerage Act, the head of a local government refers to a sewerage system installed or managed by a local government of a public sewerage system.

Provided, That private sewerage shall be excluded;

through the establishment and management of the Commission.