1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Judgment on the plaintiff's claim

A. On October 21, 2014, while a vehicle A owned by the Plaintiff-Appellant Construction Co., Ltd. (hereinafter “victimd vehicle”) runs on a road around 22:30 roads (hereinafter “the instant road”) located in Busan Mine-gu, Gwangju Metropolitan City (hereinafter “instant road”) around October 21, 2014, rainwater from entering the damaged vehicle into the damaged vehicle and the damaged vehicle broken down. This is due to the Defendant’s defect in the management of the instant road, and thus, the Defendant shall pay the repair cost to the Plaintiff, who acquired the subrogation for the damage compensation claim of the Jinjin Integrated Construction Co., Ltd., by paying repair cost according to the insurance contract concluded with respect to the damaged vehicle

B. Determination 1) Defect in the construction and management of a road, which is a public structure, shall be determined in accordance with ordinary social norms by comprehensively taking into account all the circumstances such as the location of the road, structure of the road, traffic volume, traffic conditions in the event of an accident, etc., including the situation of the use of the road, the original purpose of use, and the location and shape of the material defect. In a case where a traffic safety defect, which is the original purpose of the road, has occurred due to a natural function such as a concentrated rain after the construction of the road, the defect should not be acknowledged merely with the case where the defect was caused by a third party’s act. In light of all the circumstances such as the structure, location environment, and utilization situation of the road, the existence of the defect must be determined by individually and specifically examining whether the defect was left (see, e.g., Supreme Court Decisions 97Da49800, Feb. 13, 1998; 9Da599498, Apr. 25, 2000).