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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a business liability insurance contract with the Pakistan Construction Co., Ltd.

B. On March 3, 2017, in order to turn to the left at the Twit-type Intersection, the Plaintiff’s vehicle was faced with an accident where the lower part, etc. of the vehicle was destroyed (hereinafter “instant accident”) while the vehicle was under construction work at the site of the instant road under construction work (hereinafter “instant site”) by having a one-way-way-passed road (hereinafter “instant road”).

다. 파라오건설 주식회사는 야간에 공사를 중지하면서 이 사건 현장에 대한 임시복토작업을 진행하거나 안전시설을 설치하지 아니하였고, 이 사건 사고 당시 이 사건 현장은 이 사건 도로보다 움푹 파였고, 이 사건 현장의 맨홀은 이 사건 도로와 높이가 비슷하였다. 라.

On July 3, 2017, the Plaintiff paid insurance proceeds of KRW 10,935,080 to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, Eul evidence Nos. 1 through 3, Eul's video and the purport of the whole pleadings No. 4

2. Occurrence of liability for damages;

A. The defects in the establishment and preservation of structures under Article 758(1) of the Civil Act, which arise from liability, refer to a state in which structures do not have ordinary safety, depending on their use. In determining whether such safety has been met, the standard should be whether the installer and the custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure. The defects in the installation and management of roads, which are structures, are the location of the road.