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. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to B automobiles for the Plaintiff (hereinafter “Plaintiff”).

나. 2017. 7. 23. 15:20경 피고가 관리하는 도로로서 용인시 처인구 C 앞 17번 국도(이하 ‘이 사건 도로’라 한다) 중 2차로를 따라 주행하던 원고 차량이 이 사건 도로 노면의 움푹 파인 부분, 이른바 ‘포트홀’(Pothole, 아스팔트포장의 표면이 국부적으로 떨어져 나가 움푹 패어지는 모양의 파손형태, 이하 ‘이 사건 포트홀’이라 한다)을 통과하다가 원고 차량이 흔들리면서 조수석 방향 타이어 및 차량 하체가 손상되는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

C. On August 24, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 3,700,000 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7, video, purport of the whole pleadings

2. Occurrence of liability for damages;

A. The parties' assertion 1) The accident of this case occurred due to the Art Hall of this case, which occurred on the road of this case managed by the defendant of the plaintiff, the defendant is liable to compensate the owner of the plaintiff for damages equivalent to the repair cost, and the plaintiff paid 3,700,000 won on behalf of the defendant, and since the defendant's negligence was 90%, the defendant is liable to pay the plaintiff 90% of the repair cost of the plaintiff's vehicle (=3,330,000 won x 90%) out of the repair cost of the plaintiff's vehicle (=3,700,000 x 90% x 90%) as a reimbursement. 2) The defendant regularly performed the road patrol and faithfully performed the maintenance and repair of the road of this case in accordance with the relevant Acts and subordinate statutes, and the defendant is not liable to the defendant since the accident of this case occurred because

(b) any defect in the construction and maintenance of a road, which is a judgment structure.