1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is a local government that installs and manages signal apparatus located in the south of Han River Intersection (hereinafter “instant intersection”).

B. On September 17:38, 2016, the Plaintiff’s vehicle entered the instant intersection by straightening from the upstream of the upstream of the Han River-do tunnel to the southwest of the Han River-do intersection, and there was an accident of collision with the D-wheeling vehicle left left to the left (hereinafter “victim”) in accordance with the left turn to the left turn from the right edge of the Plaintiff’s vehicle’s running direction (hereinafter “instant accident”).

At the time, the signal apparatus installed above the high-priced road, which appears immediately before the Plaintiff’s entry into the instant intersection (hereinafter “instant signal apparatus”) was in the state of malfunction.

C. From September 13, 2016 to August 18, 2017, the Plaintiff paid KRW 15,882,620 in total and KRW 17,453,030 in the cost of repairing the Plaintiff’s vehicle, and KRW 1,570,410 in the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 4 and 5 (including each number in the case of additional evidence)

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is that the defendant, as the installer or manager of the signal apparatus of this case, leaves the signal apparatus of this case in the state of trouble, so the accident of this case is due to negligence in the management of the signal apparatus of this case exclusively by the defendant.

The Plaintiff paid KRW 17,453,030 to the Plaintiff with the insurance proceeds from the instant accident. As such, according to subrogation by the insurer, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 17,453,030 and damages for delay.

B. In determining whether there is a defect in the construction or management of public structures under Article 5(1) of the State Compensation Act, public structures are ordinary in accordance with their use.