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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to B-Wts’ automobiles (hereinafter “Plaintiffs’ automobiles”), and the Defendant is the construction manager of national highways No. 33.

B. On December 26, 2011, A, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle around the 33th National Highway No. 33 of the Gyeongsung-gun National Highway which was in the remainder of the Gyeongsung-gun National Highway, shocked with retaining walls. Accordingly, A and Dong-gun C suffered injury, and the Plaintiff’s vehicle was transferred to the Plaintiff.

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

The Plaintiff paid the insurance proceeds of KRW 150,790,720,720, total of KRW 148,50,000 for the self-physical accident insurance proceeds of KRW 627,840 for C, KRW 1,662,880 for self-physical accident insurance proceeds of KRW 148,50 for the self-accident insurance proceeds of KRW 1

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion was caused by defects in the installation and management of traffic safety signs and obstacles surface signs, shock absorption facilities, vision enhancement facilities, starting direction facilities, lighting facilities, etc., and thus, the Defendant shall pay money equivalent to the ratio of liability.

3. The defect in the construction or management of a public structure refers to a state in which the public structure has failed to have safety ordinarily required in accordance with its intended purpose. The defect in the construction or management of the public structure can not be said to have a defect in the construction or management of the public structure merely because the public structure does not have the complete condition and has any defect in its function. In determining whether the construction or management of the public structure has safety above, it shall be based on whether the construction or management has fulfilled its duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure, taking into account all the circumstances, including the purpose of the public structure in question

(See Supreme Court Decision 9Da54004 delivered on February 25, 2000, etc.).