손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 24, 2017, the Plaintiff’s assertion is a person running a concrete mixed truck business. On the part of the article C of B concrete mixed truck owned by the Plaintiff (hereinafter in this case, the instant vehicle), carrying six square meters of ready-mixed containers at an Agsan factory of the D company, and passing through the Newnam-ri 67-38 concrete packaging road (hereinafter in this case, the instant road) if Agsan City was located in front of the construction site at around 8:47, while driving the article C, and driving the instant vehicle at the construction site, the instant vehicle turned down part of the concrete packaging.
The Plaintiff suffered damages equivalent to the amount stated in the purport of the claim. The instant road is a public structure or structure installed by the Defendant, and the Defendant actually occupied and managed the instant road. Therefore, the Plaintiff is liable to compensate the Plaintiff for damages equivalent to the amount stated in the purport of the claim pursuant to Article 5 of the State Compensation Act or Article 758 of the Civil Act.
2. The written evidence No. 1 submitted by the Plaintiff alone is insufficient to recognize the fact that the road of this case is a public structure built or managed by the Defendant, or a structure built or preserved by the Defendant, and is under the possession of the Defendant. Therefore, the Plaintiff’s assertion is without merit without examining the remainder.
3. The plaintiff's claim for conclusion is without merit and it is so decided as per Disposition.