1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as “Plaintiff vehicle”).

On August 24, 2017, around 20:11, the Plaintiff’s vehicle running a road leading to the C gas station located in Ischeon-si B (hereinafter “instant road”) caused an accident that causes damage to the Plaintiff’s body and the vehicle (hereinafter “instant accident”).

On September 1, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 4,198,000 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident.

[Ground of recognition] The plaintiff asserted that Gap evidence Nos. 1 and 2, Gap evidence No. 4, Gap evidence No. 4, defendant's overall purport of pleading, and whether the defendant's obligation to manage the road of this case occurred due to the failure of the defendant, who is the road management authority, to properly manage the Manle of this case on the road of this case. Thus, the defendant should compensate for the plaintiff's automobile repair cost.

As to this, the defendant, not the defendant, but the Mine New Development Co., Ltd. (hereinafter referred to as "Made New Development") has obtained permission from the defendant, and the defendant specified that the permitted person bears all the responsibility for the damage to a third party caused by the occupied facilities at the time of permission to occupy and use the road, and therefore, he did not have any obligation to manage the Man-Made of this case.

Judgment

Comprehensively taking account of each statement in Eul evidence Nos. 1 through 3, around September 26, 201, the purpose of the argument is to grant permission to occupy and use this case to build a gas station and a charging station site, after obtaining permission from the defendant, to occupy and use the road of this case. Mine Development succeeded to the rights and obligations of the permission to occupy and use the road of the leap Development Co., Ltd. on December 23, 2013, and the conditions of the permission are as follows.