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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the B-owned vehicle (hereinafter “Plaintiff”) between A and the Defendant:

It is the construction manager of a road where an accident described in the port occurs.

나. A은 2013. 9. 14. 20:35경 원고 차량을 운전하여 남양주시 진접읍 내곡리 소재 47번 국도 편도 2차로 도로 중 2차로를 따라 내곡교차로 방면에서 임송사거리 방면으로 진행하다가 내곡IC에 진입하여 43번 국도가 우측에서 합류되기 직전 지점을 지나던 중 2차로 노면의 오른쪽 가장자리 부분에 있던 움푹 파인 곳(이하 ‘이 사건 포트홀’이라 한다)에 차량이 빠지면서 원고 차량의 우측 앞뒤 타이어 및 휠과 하체부분이 손상되는 사고를 입었다

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

On November 11, 2013, the Plaintiff paid KRW 2,734,80,00 (hereinafter “instant repair cost”) out of KRW 3,234,80 of the cost of repairing the Plaintiff’s vehicle, which was recognized as having undergone a damage assessment, as to the damage caused by the instant accident, excluding KRW 500,000,00 of the insured’s self-paid cost, as insurance proceeds.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap's 1, 2, 8, or 16 (including the number of branches), and the purport of the whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is due to the defect in the construction and management of a public structure where the part of the Defendant, who is responsible for road management, failed to repair the road as a public structure, thereby leaving the part of the construction and management of the public structure where the accident was neglected. Thus, the Defendant is obligated to pay the Plaintiff, who is the owner of the Plaintiff, with the insurance money paid to A, the insurer under Article 682 of the Commercial Act, the insurance money equivalent to the repair cost of this case, KRW 2,7

B. (i) the occurrence of liability for damages, as provided in Article 5(1) of the State Compensation Act.