손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff trusted to B Co., Ltd. the title of the CTracor and D Tracler (hereinafter “instant vehicle”) and operates the instant vehicle for himself.
B. On September 7, 2018, at around 17:10, the Plaintiff: (a) loaded construction equipment on the instant vehicle; (b) driven the E road in the vicinity of Cheongju-si, U.S. (hereinafter “instant road”); and (c) took out the said road under the bottom while driving the said road from the song-ri, i.e., the instant vehicle, while the left wheel of the instant vehicle was absent from the hole, caused an accident that the instant vehicle was destroyed by putting the instant vehicle into the port.
(hereinafter referred to as “instant accident”). 【The ground for recognition ] The fact that there is no dispute, each entry of Gap 1 and 4 evidence (including paper numbers; hereinafter the same shall apply) or the purport of the whole pleadings.
2. Judgment on the ground of the Plaintiff’s claim
A. The main point of the Plaintiff’s assertion is that the Defendant was negligent in not installing a warning sign to the effect that the traffic of vehicles exceeds a certain weight on the instant road installed and managed by the Defendant, even though it was obligated to install soil and sand outflow prevention facilities or safety fences, etc., so the Defendant is liable to compensate the Plaintiff for damages caused by defects in the management of the instant road, which is a public structure, pursuant to Article 5(1) of the State Compensation Act.
B. 1) The term "public structures" under Article 5 (1) of the State Compensation Act refers to tangible or physical facilities granted by the State or local governments for specific public purposes, regardless of whether they are co-ownership or reasons, including cases where the State or local governments manage them under ownership, lease or other rights, as well as cases where they are in de facto management (see, e.g., Supreme Court Decisions 80Da2478, Jul. 7, 1981; 98Da17381, Oct. 23, 198);