2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 15, 2016, A driven the instant vehicle B (hereinafter “instant vehicle”) around 14:50 on March 15, 2016, and driven the instant road along the first line of way (hereinafter “instant road”) leading from the Cheongdo-ro, Cheongdo-gun, Gyeongdo-gun, to the Crith-do-de Cheongdo-si, Ynam-do-gun, and died after escaping from the instant road in the vicinity of D and falling into the river below two meters as indicated in the attached Form.

B. As an insurer who concluded a comprehensive automobile insurance contract with respect to the instant vehicle (hereinafter “instant accident”), the Plaintiff paid KRW 82,269,190 in total to the insured as insurance money by May 10, 2016, with respect to the said accident (hereinafter “instant accident”).

C. The defendant is a local government that manages the road of this case.

2. Determination as to the cause of action

A. The point of the Plaintiff’s assertion falls under the section where the road is adjacent to the river, and thus, the Defendant, as the manager, neglected his duty of care to prevent the fall accident by installing traffic safety facilities, such as a protective fence, at the above point. As a result, the said accident occurred.

Therefore, since the defendant is responsible for the occurrence of the accident of this case and the expansion of damage, the defendant has a duty to comply with the plaintiff's claim for indemnity by paying insurance proceeds in relation to the above accident.

B. The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to a state in which the public structure has failed to have safety ordinarily in accordance with its intended purpose. Thus, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure has a defect in its function without having to have complete safety. Whether such safety has been satisfied is the purpose of the public structure, the location of the public structure, the current status of its installation, and the situation of its use.