1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”).

나. 원고 차량 운전자는 2017. 3. 18. 12:00경 원고 회사 직원에게 “원고 차량이 보험사고 신고 직전 강원 횡성군 청일면 신대리 80-3에 있는 도로(이하 ‘이 사건 도로’라 한다)를 주행하였는데 이 사건 도로에 설치된 배수로 덮개가 튕겨져 나와 원고 차량의 조수석 문 아래쪽 부분과 원고 차량의 우측면 뒷부분을 충격하였다(이하 ‘이 사건 사고’라 한다)”라는 내용의 보험사고 신고를 하였다.

C. On March 27, 2017, with respect to the instant accident, the Plaintiff paid KRW 1,793,500 for the repair cost of the Plaintiff’s vehicle as insurance proceeds.

On the other hand, around 2011, the defendant packed the road in this case with the defendant's budget, and installed a drainage channel.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2, 3 and 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion is a public structure managed by the defendant, and the accident of this case occurred due to defects in the management of the road of this case. The defendant is liable for damages for the accident of this case pursuant to Article 5 (1) of the State Compensation Act and is liable to pay the indemnity amount and damages for delay to the plaintiff who paid the insurance money for the damage of this case.

B. The following facts and circumstances acknowledged by the above facts and the overall purport of the evidence and arguments as seen earlier, i.e., the part under the top sentence of the Plaintiff’s vehicle at the time the Plaintiff reported the instant accident regarding the instant accident, and the lower part of the Plaintiff’s right side was destroyed.