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

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the Inter-Korean Logistics Co., Ltd. (hereinafter “Inter-Korean Logistics”).

B. On January 26, 2015, B, an employee of inter-Korean logistics, was entering the instant road, bypassing the Plaintiff’s vehicle, to enter the parking lot in front of the Downed Oil Station located in Daegu Suwon-gu C, and was shocked by the lower part of the Plaintiff’s body, and thereby, the lower part of the lower part of the right-hand part of the Plaintiff’s vehicle was damaged.

C. At the time of the accident, the road of this case between Mandole and Mandole was boomed, and the height difference between the sunset point and Mandole has reached about about 17.2 cm.

Meanwhile, the height of the lower part of the Plaintiff’s vehicle is about 14 cm from the ground.

On June 30, 2015, the Plaintiff paid KRW 6,250,000 as insurance money for the repair cost of Plaintiff’s vehicle.

E. The instant road is a road for which the Defendant permitted the occupation and use from January 1, 2002 to December 31, 202 for the purpose of the access roads to F, the owner of the building in Daegu Suwon-gu E.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1, 2, and 6 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The defendant, who is the person in charge of management of the road of this case and Manlele, installed the road of this case on the road of this case, and left the ground of the road of this case, and neglected to take safety measures so as to be consistent with the height of Manle and the road. Since the accident of this case occurred due to the above management defects, the defendant acquired the insurer's subrogation right under Article 682 of the Commercial Act, and the plaintiff who acquired the insurer's subrogation right under Article 682 of the Commercial Act was 4,375,000 won, which is equivalent to 70% of the defendant's fault ratio of the insurance money paid by the plaintiff, and damages for delay.