1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the Cheongsan-do Co., Ltd. with respect to a vehicle A owned by the Plaintiff (hereinafter “Plaintiff”) and the Defendant is as follows.

It is the construction manager of a road where an accident described in the port occurs.

나. B은 2012. 12. 11. 12:20경 원고 차량을 운전하여 논산시 부창동 소재 23번 국도 놀뫼대교 진입교량의 우회도로인 편도 1차로 도로(이하 ‘이 사건 사고 도로’라고 한다)를 놀뫼대교 방면으로 진행하던 중 도로 우측 가장자리 부분에 있던 발자국 모양의 움푹 파인 곳(이하 ‘이 사건 포트홀’이라 한다)에 차량이 빠지면서 원고 차량의 우측 앞 타이어 및 휠 등이 손상되는 사고를 입었다

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

On February 25, 2013, the Plaintiff paid KRW 3,400,000 (hereinafter “instant repair cost”) for the repair cost of the Plaintiff’s vehicle recognized through a damage evaluation as to the instant accident after the damage evaluation.

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case is due to the defect in the construction and management of public structures where the defendant responsible for the management of the road did not repair the road, which is a public structure, and neglected any accident caused by the defect in the construction and management of the public structure. Thus, the defendant is obligated to pay the plaintiff, who acquired the right to subrogation of the insurer under Article 682 of the Commercial Act, the insurance money equivalent to the repair cost of the plaintiff's vehicle, 3,400,000 won, and damages for delay thereof, as a reimbursement. The defendant asserted that the accident in this case is obligated to pay the plaintiff, who acquired the right to subrogation of the insurer under Article 682 of the Commercial Act, as a reimbursement. The defendant ordered the "Welcheon-Secheon ICT Construction Works" to improve the existing national road facilities and facilitate smooth communication.