구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The following facts may be found in full view of each entry in Gap evidence Nos. 1 to 5 (including branch numbers for those with serial numbers) and the whole purport of oral arguments:
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B automobiles owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is the manager of the national highway near the national highway (hereinafter “instant road”) at the time of Ansan-si.
B. A, on January 20, 2014, while driving the Plaintiff’s vehicle and driving the instant road on January 20, 2014, an accident occurred that the Plaintiff’s vehicle was damaged by falling off on the road honding from the honded by the hondro along the hondro and fall off on the road.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 7,774,000 in total as repair cost of the Plaintiff’s vehicle.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion is that the road section of the instant accident site is to be installed with a protective fence to prevent the second fall accident due to the outflow of the street, but the protective fence was not installed. Moreover, the road surface at the time of the accident site was influence, and the road surface at the time of the accident site lacks the safety that the road has to be equipped ordinarily.
Since the Plaintiff’s vehicle sleeped on the road due to the defect in the maintenance and management of the road of this case falls under the street and the accident of this case occurred, the Defendant is obligated to pay the amount equivalent to the insurance money paid by the Plaintiff to A as the manager of the road of this case.
B. 1'Defects in the construction and management of public structures' means the state of lack of safety that public structures have to have ordinary safety in accordance with their use.
In addition, whether the above safety has been satisfied or not, in proportion to the danger of the public structure, the installer or manager of the public structure has fulfilled his duty to take protective measures to the extent generally required by social norms.