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 who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant is the installer and manager of the mid-to long-term inland highway in Young-si, Si, si, where the following accident occurred.

나. 원고 차량 운전자는 2014. 8. 27. 00:49경 원고 차량을 운전하여 창녕시 영산면 중부내륙고속도로 영산휴게소 부근을 진행하던 중 포트홀(도로면이 움푹 파인 부분, 이하 ‘이 사건 포트홀’이라 한다) 위를 지나면서 원고 차량의 타이어가 손상되어 원고 차량이 회전하면서 고속도로 시설물을 충격하였다

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

By November 21, 2014, the Plaintiff paid insurance proceeds of KRW 2,596,030,030 as the repair cost of the Plaintiff’s vehicle and KRW 2,083,430 as the medical expenses of the Plaintiff’s passenger, and KRW 2,596,030 as the Plaintiff’s passenger.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number for those with several numbers), Eul evidence No. 4, or the purport of the whole pleadings

2. The defendant, as a manager of the road of this case, has a duty to conduct an occasional inspection for maintaining road functions and maintaining traffic safety. In light of the size, form, location, etc. of the Art Hall of this case recognized by the evidence mentioned above, it seems that this may cause considerable danger to traffic. The defendant would have been able to prevent the accident of this case if he paid more rapid remuneration to the Art Hall of this case.

Therefore, it is determined that the road of this case was in a state of failure to meet the safety ordinarily required according to its use at the time of the occurrence of the accident, and proximate causal relation between the above defect and the accident of this case is recognized

However, although the accident of this case occurred at night, the location of the accident of this case is located.