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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.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is the installer and manager of the Seo-gu Incheon Road (hereinafter “Road”).
B. At around 21:55 on November 27, 2014, C, while driving the Plaintiff’s vehicle and driving the instant road, the steering gear was set up on the right side to the part of the lower part of the soundproof wall installed on the right side of the instant road (hereinafter “instant accident”), and the Plaintiff’s vehicle was considerably destroyed and scrapped due to the instant accident.
C. On December 12, 2014, the Plaintiff paid KRW 12,410,000 insurance money due to the instant accident, and on the same day, recovered KRW 720,000 from the Seoul Scrapping Industry.
[Ground of Recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 5, and 7 (each number is included; hereinafter the same shall apply) or the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion that the instant accident occurred due to the defect in the installation and management of the instant road, such as that the width of the road is narrow and that of the road shoulder is considerably formed at the end of the road, and that the drums and soundproof walls are not connected with the drums and soundproof walls, and that the concrete absorption facilities are not installed at the bottom of the soundproof walls, and thus, the Defendant, who is the installer and manager of the instant road, is liable to compensate for damages caused by the defect.
Therefore, the Defendant is obligated to pay 11,690,000 won (=12,410,000 won - 720,000 won) calculated by deducting the Plaintiff’s 720,000 won recovered from the Seoul Scrapping Industry Co., Ltd. from the Plaintiff’s insurance money paid to the Plaintiff (i.e., KRW 12,410,000) and damages for delay as indemnity.
B. Determination 1’s defective construction or management of public structures is to ensure safety in light of the purpose of the public structures.