1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is a manager in charge of maintaining and repairing the road on which the following accidents occurred:

나. 원고 차량은 2018. 3. 19. 21:00경 부산 강서구 C에 있는 D 주유소 앞 도로(이하 ‘이 사건 도로’라고 한다)를 진행하다가 도로 노면에 움푹 파인 부분(이하 ‘이 사건 포트홀 pothole: 아스팔트 포장의 표면이 국부적으로 떨어져 나가 움푹 패어지는 모양의 파손형태 ’이라고 한다)을 통과하던 중 원고 차량이 흔들리면서 타이어와 휠 등이 손상되었다

(hereinafter “instant accident”). C.

On April 26, 2018, according to the above automobile insurance contract, the Plaintiff paid KRW 2,154,000, excluding KRW 922,000, out of the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to negligence by the Defendant, who is the manager of the instant road, due to neglecting the duty to maintain and manage the instant road, and thus failed to prevent an accident due to the Art Hall of this case. Therefore, the Defendant is obliged to pay KRW 2,154,000 to the Plaintiff, who acquired the right to claim damages by subrogation of the insurer, as the reimbursement

B. At the center of the Defendant’s argument, there is insufficient proof of proximate causal relation between the occurrence of the instant accident and the existence of the Art Hall of this case, the existence of defects in the construction and preservation of the instant road, and the standards for calculating damages. Preliminaryly, even if the Defendant’s liability is recognized, the Defendant’s fault ratio is below 30%.

3. Determination

(a) Defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act, for which liability for damages has arisen, shall be determined by the purpose of the structure.