1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to BMW 520D vehicles (hereinafter “Plaintiff-motor vehicle”).

The defendant is a local government that manages the upper roads (the same as the "field photographs" in attached Form, hereinafter referred to as the "road in this case") near the Jung-gu, Seo-gu, Seo-gu, Seoul (hereinafter referred to as the "Seo-gu").

B. At around 06:30 on July 3, 2017, there was a water pool in which part of the wheels of a passenger car was divingd at some points of the instant road at the point of the instant road.

C. At the above date, rainwater was discharged inside the Plaintiff’s vehicle that proceeded with the instant road.

Accordingly, on September 27, 2017, the Plaintiff paid KRW 16,473,00 for the repair cost of the Plaintiff vehicle as the insurer of the Plaintiff vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 1 and 2 (including additional numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that there was an accident in which rainwater flows out inside the plaintiff's vehicle that was proceeding with the road of this case due to the defect in the installation and management of drainage facilities and the defect in the traffic management of the road of this case. Thus, the defendant, who is the managing body of the road of this case, is liable to compensate for

B. In light of the following circumstances acknowledged based on the aforementioned facts and the evidence revealed earlier, the evidence alone, presented by the Plaintiff, has defects in the installation and management of the drainage facilities or the traffic management of the instant road.

It is not sufficient to recognize that rainwater has been discharged inside the Plaintiff’s vehicle due to such defects, and there is no other evidence to acknowledge it.

1. On July 3, 2017, there was a concentrated of 69.9mm a day at the Moduk-gu, Taedukdong-gu, 2017, and a water pool was created at some of the points of the road in this case.

In light of such an exceptional concentrated phenomenon, such a water pool pool is called the above.