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

A. On November 2, 2018, at around 00:20, the Plaintiff: (a) went beyond the direction D from the 3rd side of the 3rd side on the ground of the members of Ansan-si, the Defendant managed on the ground of the 28th side of the members of Ansan-si, Ansan-si, the Defendant, and caused an accident that the said Obane was destroyed (hereinafter “instant accident”).

B. The point where the instant accident occurred was a two-lane from each other to each other, leading to the direction of the Plaintiff Otoba.

Plaintiff

There were approximately 5cms in depth on the lane of the direction of the Otoba road.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the accident of this case occurred due to the negligence of the plaintiff's alleged road, the defendant is a local government managing the road of this case, which is responsible for compensating the plaintiff for all damages caused by defects in the construction and management of the above public structure.

The Plaintiff’s accident in the instant case scrappings off Yababa, and caused damages to KRW 55,064,850, which led to the Plaintiff’s negligence, so even if the Defendant recognized 20% of the Plaintiff’s negligence, the Defendant is liable to compensate the Plaintiff for the damages (= KRW 55,064,850 + 0.8) and the delay damages.

B. The “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to a state in which the public structures offered for public purposes have failed to have ordinary safety requirements according to their intended use.

In addition, the determination of whether the installer or manager of a public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure should also be made in consideration of the financial, human and physical constraints of the installer or manager.

Therefore, if public structures are roads, the level of safety is high to maintain the complete state of construction and management.