1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, 7 and 13:

The Plaintiff is an insurer who has entered into an automobile insurance contract with the Cheong field Co., Ltd. and the Cheong field Co., Ltd. for Asch Rexroth Vehicles (hereinafter “instant vehicles”).

B. B, around 13:00 on September 17, 2012, driving the instant vehicle, and passing through the flowway and underground intersection (hereinafter “instant underground intersection”) with a heavy interest rate on the river surface of the race city, the Defendant managed. However, the instant vehicle was flooded on the high water due to a heavy rain due to typhoon’s “surbane”.

(hereinafter referred to as “the flood accident of this case”)

The instant car was damaged to the extent that it could no longer be operated due to the instant accident, and the Plaintiff paid KRW 54,920,000,000,000 to Cheongung field Co., Ltd. on November 8, 2012, and collected KRW 9,530,000 by disposing of the instant vehicle on January 2, 2013.

2. The parties' assertion

A. The plaintiff's assertion that the underground tea of this case is likely to be flooded in a low range than other roads, but at the time of the flood accident of this case, the defendant did not install an indication board informing such risks on the front and rear sides of the underground tea of this case, and the accident of this case occurred due to the above management defects of the defendant. Thus, the defendant is obligated to pay the insurance money for the flood accident of this case and pay 22,695,000 won (54,920,000 won - remaining water value 9,530,000 won x 50%) and delay damages.

B. Defendant’s assertion