구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's claim
A. Inasmuch as the Plaintiff’s assertion is likely to have a concrete retaining wall on the instant road without recognizing that the driver of the vehicle that proceeds from the west-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Junun
There is a defect that is not installed despite the installation of road safety facilities, such as steel packaging, and as a result, A has driven a B-car around 01:00 on January 14, 2015, while driving the instant B-car and driving the instant intersection at the front-west observation zone, A was killed with a concrete retaining wall of the fright, and C was injured by the passenger.
(2) The Defendant, as an insurer who concluded an insurance contract with respect to the said car, is obligated to pay the indemnity amount to the Plaintiff. The Defendant is obligated to pay the indemnity amount to the Plaintiff.
(b) Defect in the construction or management of public structures in accordance with Article 5(1) of the State Compensation Act means a state in which the public structures have not been ordinarily safe in accordance with their intended use.
However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. Considering the overall circumstances such as the use of the public structure and its current status and current status of its installation use, whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure.