1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Summary of the plaintiff's assertion

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to CK7 vehicles using the insured as B (hereinafter “Plaintiff vehicle”).

B. B, around 19:00 on May 18, 2018, driving the Plaintiff’s vehicle and proceeding in front of the Dolet-dong in Gwangju City, and the steel cover covered on the road, and destroyed the Plaintiff’s lower part of the vehicle, by refrying the drainage route installed on the road.

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

On June 1, 2018, the Plaintiff, as an insurer, paid KRW 1,29,600 after deducting KRW 324,00 of its own contributions from the repair cost of the Plaintiff’s vehicle.

The manager of the road in which the instant accident occurred shall be deemed to have contributed 50% to the occurrence of the instant accident.

Therefore, the Defendant is obligated to pay the Plaintiff the insurance money paid by the Plaintiff 1,299,600 (=1,299,600 won x 50%) and damages for delay.

2. In determining whether a State or a local government occupies a road, there is no problem in recognizing the possession of the road under the possession and management of the State or a local government, which is the road management authority, in the case of a road subject to the application of the Road Act, etc.: Provided, That the possession as a road management authority may be recognized at the minimum at the time when the road is subject to the application of the Road Act, i.e., public announcement of the approval of routes and the decision on a road zone. In a de facto road that is not subject to the Road Act, if the State or a local government constructs or maintains the existing road, or is already constructed and manages, such road as expansion, packing, or installation of sewerage systems, and if it is for public traffic by performing repair or maintenance works, it shall be deemed that the road is under the de facto control of the State