1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. 1) The Plaintiff and A (hereinafter “instant vehicle”)

2) The Defendant is an insurance company that has entered into a comprehensive automobile insurance contract. 2) The Defendant is a person who installs and manages roadside roadside trees located in the school located in Gangseo-si, the Gu administration of Gangseo-si.

B. On November 26, 2015, the driver of the instant vehicle driven the instant vehicle at around 06:00, and moved the front of the school mountain 3-ri village in the city of Gangseo-si into two-lanes from the bank of Gangseo-si in the city of Gangseo-si, the driver used 1 glus of the roadside trees planted on the right side of the said road (hereinafter “instant roadside trees”), which were planted on the right side of the said road, and shocked with the instant vehicle.

(hereinafter referred to as “instant accident”). C.

On December 2, 2015, the Plaintiff paid to the driver of the instant vehicle KRW 7,50,000,000 from the repair cost of the instant vehicle to the driver of the instant vehicle, deducting KRW 500,000 from the self-paid cost.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion that the instant accident was caused by the defect in the installation and management of the instant street trees, entirely due to the defect in the installation and management of the instant street trees, while the instant accident went beyond the road to the front gate and the right side of the instant vehicle without properly planting the street trees.

Therefore, the Defendant, who is the possessor of the roadside trees of this case, bears the liability for damages under Article 5 of the State Compensation Act to the driver of the vehicle of this case who is the victim, and the Plaintiff paid insurance money of KRW 7.5 million to the above driver due to the accident of this case and acquired by subrogation the right to claim damages against the Defendant. Therefore, the Defendant is obligated to pay the above KRW

B. There is no evidence to deem that the accident of this case occurred due to defects in the installation and management of the roadside trees of this case.

The instant accident occurred in the street trees of this case.