1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount of additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty A and B five tons of cargo trucks (hereinafter “Plaintiffs”). From September 11, 2015, the Plaintiff is an insurer who has entered into the said automobile accident during one year from September 11, 2015 to cover losses incurred during the operation of the said motor vehicle. The Defendant is the manager of the road

B. Around 08:00 on April 29, 2016, the Plaintiff’s vehicle was driven by the Plaintiff’s vehicle, which was loaded with a excavation searcher, and was driven by the T-type road located in D on the official city. On the wind, the Plaintiff’s vehicle was removed from the road, and the Plaintiff’s vehicle was removed from the road.

C. The instant accident caused physical damage equivalent to KRW 2,800,000 by damaging the vinyls and the planted scarcitys installed in the vicinity of the instant accident, and the Plaintiff fully compensated for the damage.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 4

2. The plaintiff asserts that the plaintiff is liable for damages equivalent to 50% of the defendant's ratio of liability out of the insurance proceeds paid by the plaintiff pursuant to the principle of subrogation by the insurer on the ground that the accident in this case occurred due to defects in the construction and management of the road managed by the defendant, and the defendant asserts that the road subsidence occurred in the course of entering the road in which the plaintiff's vehicle's over-the-counter and revolving are not caused by the defects in the construction and management of the road

3. Determination

A. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a road, which is a structure, fails to meet the ordinary safety requirements according to its usage. The specific determination shall be made in accordance with ordinary social norms, by comprehensively taking into account all the circumstances such as location and location of the road, structure of the road, volume of traffic, the situation of the use of the road, its original purpose, location of physical defect, shape