1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 71,335,756 and to the plaintiff on July 15, 2013.

1. Facts of recognition;

가. 원고는 2013. 7. 15. 02:30경 125cc 오토바이를 운전하여 서울 금천구 B에 있는 C병원 앞 4차로(이하 ‘이 사건 도로’라고 한다)를 구로전화국사거리에서 난곡사거리 방면으로 진행하던 중, 아스팔트로 포장된 도로면이 움푹 파인 곳(이른바 ‘포트홀’을 말한다. 이하 ‘포트홀’이라 한다) 위를 지나다가 포트홀 중 하나에 위 오토바이 앞바퀴가 빠져 몸이 공중으로 날아올랐다가 표지판 기둥에 부딪쳐 떨어지는 등으로 우측 대퇴골 외과 개방성 골절, 좌측 슬관절 외상후 화농성 관절염 등의 상해를 입었고, 위 오토바이는 손상되었다

(hereinafter “instant accident”). B.

The instant road was a road managed by the Defendant, and is composed of a considerable width and number on the right side of the lane in the direction where it was proceeding, and the Defendant performed the repair work of the instant road surface on July 17, 2013, which was after the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 11 through 13 (including branch numbers for those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 9, or the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Considering the following facts and circumstances that can be acknowledged by comprehensively taking account of the purport of the entire evidence presented prior to the recognition of liability, the road of this case can be recognized as having failed to meet the ordinary safety requirements according to its use at the time of the occurrence of the instant accident, and the proximate causal link between the management defect of the road of this case and the instant accident is also acknowledged.

Therefore, the Defendant, who is the manager of the instant road, is liable to compensate the Plaintiff for the damages incurred by the instant accident.

① The scale and number of art halls on the road of this case shall be from the date of the accident of this case.