1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A with respect to the BSFCC 2.0 TDI vehicle (hereinafter “Plaintiff vehicle”) during the contract period from August 31, 2014 to August 31, 2015.

나. A은 2015. 4. 5. 12:12경 원고 차량을 운전하여 아산시 도고면 시전리 소재 21번 국도의 편도 2차로 도로 중 2차로를 따라 아산 방면에서 예산 방면으로 진행하다가 시전삼거리를 지나던 중, 2차로 노면에 있던 움푹 파인 곳(이하 ‘포트홀’이라 한다)에 원고 차량이 빠지면서 원고 차량의 우측 뒤 타이어 및 휠이 손상되는 사고를 입었다

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

The instant road was managed by the Defendant, and was composed of a considerable width and number on the lane in which the Plaintiff’s vehicle was proceeding, and the Defendant performed the repair work of the instant road surface at the location of the instant accident on April 6, 2015, following the instant accident.

On April 17, 2015, the Plaintiff paid KRW 1,200,000 (hereinafter “instant repair cost”) out of the Plaintiff’s repair cost of KRW 1,500,000, excluding the Plaintiff’s self-paid KRW 300,000, which was recognized as having been subject to damage assessment, as insurance proceeds.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is due to the defect in the construction and management of a public structure where the part of the Defendant, who is responsible for road management, failed to repair the road as a public structure, thereby neglecting any accident risk. Thus, the Defendant paid insurance money to A who is the insured of the Plaintiff, thereby paying the insurance money to the Plaintiff, who acquired the insurer’s subrogation right under Article 682 of the Commercial Act, and the insurance money equivalent to the repair cost of the instant case, 1,200