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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C vehicles owned by B (hereinafter “Plaintiff vehicles”).
The defendant is the owner of the road where the following accidents occurred:
B. At around 03:30 on May 3, 2017, B: (a) driven the Plaintiff’s vehicle, and operated the front road D in C through C through the F bank from F bank to E, falling into a waterway where sea water below 3 meters, as it is, entered by negligence, which was plucked by a plucker or plucked in “A” on the left-hand side of the road at an accident point, which was filled up by
(hereinafter referred to as “instant accident”). C.
The Plaintiff’s vehicle was entirely damaged by the instant accident, and on May 26, 2017, the Plaintiff paid KRW 23,980,000 as insurance money based on the said insurance contract to B on May 26, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2, 5 through 9 and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) The instant road is a road under the Road Act managed by the Defendant. The Defendant was negligent in failing to install the starting-way guiding facilities, lighting facilities, vehicle protection safety facilities, and other safety facilities required under the Road Act or the Road Traffic Act. Even if the instant road is a nonlegal road, not a road under the Road Act, a large number of unspecified persons were used as public structures. As such, the instant accident was caused by the Defendant’s negligence, which led to the Defendant’s negligence, and thus, the Defendant is liable to compensate for damages to the instant accident as a road management authority.
3. Therefore, the defendant is obligated to pay the amount of insurance proceeds to the plaintiff who acquired the right of compensation for damages in accordance with the legal principles of subrogation by the insurer and the amount of 14,38,000 won equivalent to the ratio of the defendant's negligence to 60%
B. The defendant.