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

1. Facts of recognition;

A. At around 13:00 on December 13, 2013, A, while carrying and driving a DV car owned by C (hereinafter “Plaintiff-owned vehicle”) around the Incheon Reinforcement-gun, Incheon, the Plaintiff loaded the Plaintiff’s vehicle on the communications line for communications business operators located on the front line owned by the Defendant (hereinafter “instant communications line”) located on the front line of the instant road, and caused an accident that causes damage to the parts of the main equipment, which was installed on the front line of the instant communications line (hereinafter “instant communications line”).

B. The former owner of the instant case had a number of different electric wires installed (which is jointly known) and there was a communications line installed at the lower part of the first.

C. On January 14, 2014, the Plaintiff, as an insurer that entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle, paid the insurance proceeds of KRW 13,478,780 equivalent to the repair cost of the Plaintiff’s vehicle calculated by the adjuster to C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 7, photographs of Eul evidence 2 to 3, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is responsible for compensating the plaintiff for damages caused by the accident of this case, since the communications line installed on the ground by the standard for occupation and use of road under subparagraph 1-2 of attached Table 1-2 of the Enforcement Decree of the Road Act is installed at a height of at least 4.5 meters from the road surface. The communications line of this case was installed at about 3.9 meters, and such defect was caused by the occurrence and expansion of damages caused by the accident of this case.

B. The defendant's assertion is that the communications line is owned by the business operator who operates the telecommunications business by using the main owner owned by the defendant and is responsible for managing the communications line in accordance with the guidelines for processing power distribution facilities.