1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Facts of recognition

The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the ANS vehicle owned by the company Es. S. Korea (hereinafter “Plaintiff vehicle”).

The defendant shall be the road management authority of Young-dong Expressway.

B은 2017. 2. 17. 17:00경 원고 차량을 운전하여 원주시 문막읍 문막리 부근 영동고속도로 강릉방향 87.5km 지점을 편도 5차로 중 5차로를 따라 진행하던 중, 위 도로 오른쪽 노면의 움푹 파인 부분[이하 ‘이 사건 포트홀’(pothole, 아스팔트포장의 표면이 국부적으로 떨어져 나가 움푹 패어지는 모양의 파손형태)이라고 한다]을 통과하다가 원고 차량이 흔들리면서 타이어 및 차량 하체가 손상되는 사고가 발생하였다

(hereinafter “instant accident”). On July 14, 2017, the Plaintiff paid KRW 470,000 as the repair cost of the damaged part.

[Based on the recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings are asserted by the parties concerned at the time of the plaintiff's assertion, there were defects in the construction and management of the road on the highway at the time of the plaintiff's allegation. Accordingly, the accident of this case occurred. Thus, the defendant, who is the road management authority, is obliged to pay the insurance money for the plaintiff's vehicle and pay the amount equivalent to the repair cost

The defendant asserted periodically performed road patrol and faithfully performed road maintenance and repair in accordance with the relevant statutes, and fulfilled his/her duty to take protective measures generally required by social norms.

Nevertheless, the defendant did not discover the Art Hall of this case, and the above Art Hall of this case appears to have occurred as a result of the accident, and there is no predictability and possibility of avoidance to the defendant.

Judgment

(a) evidence Nos. 2 and 4, and evidence Nos. 2, 7, 10, 16, and 17, respectively.