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 who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff”) and the Defendant is the manager of Gangseo-gu Seoul Metropolitan Government Fire Prevention Winter Games (hereinafter “instant road”) at the place where the following accident occurred.

B. On April 5, 2016, around 16:25, the instant road: (a) the Plaintiff’s vehicle driven one lane among four-lanes on the instant road; (b) the Plaintiff’s rear wheels lost the center, and the Plaintiff’s vehicle ended with C (hereinafter “victim”) and collisioned with C (hereinafter “instant accident”).

C. Around December 30, 2016, the Plaintiff finally paid KRW 5,389,600, totaling KRW 5,389,60,00 in the cost of repairing the Plaintiff’s vehicle, KRW 1,534,910, the cost of repairing the Plaintiff’s vehicle, KRW 1,424,320, and the cost of repairing the damaged vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 11 and the purport of the whole pleadings

2. The assertion and judgment

가. 원고의 주장 이 사건 사고는 원고 차량이 이 사건 도로에 생긴 포트홀(도로면이 움푹 파인 부분) 위를 지나면서 뒷바퀴가 흔들려 중심을 잃고 2차로로 차량이 돌면서 피해차량과 충돌하여 발생한 것이다.

The defendant maintained and managed the road of this case, who is obligated to inspect the condition of the road and to restore the part of the road in the event of any negligence in the road, but has neglected the Art Hall caused by the road of this case, and the accident of this case occurred due to the defect in the construction and management of the road of this case. Thus, the defendant is obligated to compensate the plaintiff, damaged vehicle, etc. for damages caused by the accident of this case.

However, since the plaintiff paid the total amount of KRW 5,389,600 as insurance money, the defendant shall pay the amount of KRW 5,389,600 as indemnity and delay damages to the plaintiff.