Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff, as an insurer, concluded the comprehensive automobile insurance contract with Nonparty B and C (hereinafter “Plaintiff”) using the insured vehicle as the insured vehicle.

B. On July 9, 2017, the Plaintiff’s vehicle driven by the wife B was involved in an accident where the river was flooded and the vehicle was flooded due to the storm of the river, while driving a downway near the human road of Daejeon-gu Daejeon (hereinafter “instant road”) around July 19, 2017.

C. The rainfall of Daejeon area around the accident of this case and the change in the water level of the river near the road of this case are as follows.

The Plaintiff, as an insurer, paid KRW 13,578,00 for the value of the vehicle according to the total loss of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

[Reasons for Recognition] The facts without dispute, the statements and images of Gap evidence Nos. 1 through 8, the fact inquiry inquiry reply to the Daejeon East chief of the fire department, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant, who is responsible for the management of the Plaintiff’s road, did not properly control the road due to the storm, caused the instant accident, the Defendant is obligated to comply with the claim for reimbursement of the amount that the Plaintiff paid out of the insurance money.

B. Although the Defendant prepared thoroughly for the prevention of flood damage on the river due to the rain concentration, it was force majeure that the accident occurred before the accident occurred due to the concentration of the storm immediately before the accident, and the Plaintiff should have known the situation of the river on the river and suspended the entry, it should be taken into account in the damages compensation, as the Defendant was negligent in entering the road on the instant case, even though he was aware of the situation of the river on the river with due care.

3. Determination

(a) Defects in the construction and management of a road, which is a public structure, shall be the location and location of the road, the structure of the road, the volume of the traffic at the time of the accident, and all other circumstances such as the original purpose of use;