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 (hereinafter “Plaintiff”) between A and B.

B. A, around 04:30 on April 18, 2015, the Plaintiff’s owner: (a) driven the Plaintiff’s vehicle and left the road due to a stroke-down while driving the road from the stroke-ro to the coast from the stroke-ro of Heung-si; and (b) fell into the building where D stores located on the stroke-down of the road (hereinafter “instant stores”).

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

The Plaintiff’s insurance proceeds of KRW 4,400,000 at the repair cost of Plaintiff’s vehicle on April 27, 2015, and the same year from the 30th day of the same month.

7. By December 23, 200, insurance money of KRW 36,058,50 was paid as damages for the facilities and clothing of the store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The point where the Plaintiff’s assertion occurred is located in the direction of the running of the Plaintiff’s vehicle, since it is difficult to distinguish whether the road is continuous in the night-time driving along a T-type T-type road where the road is interrupted due to the interruption of the road, and thus, it is difficult to distinguish the road from the starting facility, the sidewalk, and the roadway, which guide the road situation, the Defendant, who is the manager of the said road, is negligent in neglecting this.

The instant accident occurred by the negligence of the Plaintiff’s driver and the Defendant’s negligence in road management. As such, the Defendant is obligated to pay the Plaintiff the indemnity amounting to 16,183,400 won for the amount equivalent to 40% of the Defendant’s liability, which contributed to the occurrence of the instant accident, out of the insurance money paid by the Plaintiff to the Plaintiff.

B. "Defects in the construction and management of public structures" refers to the state in which the public structures built for public purposes have failed to have safety ordinarily prepared according to their purposes.