A. B, around 11:00 on November 24, 2016, while driving a vehicle owned by the Plaintiff (hereinafter “instant vehicle”) and driving the vehicle into a secondary line of two lanes in the direction of the distance of the hotel located in the Jeju Island in the direction of the distance of the hotel located in the city, the Plaintiff gets off two street trees planted at approximately 12 meters in front of the D hotel (hereinafter “each roadside trees of this case”).

(hereinafter “instant accident”). (b)

The instant vehicle was damaged by the instant accident, and pluck up or pluck up the bottom of the first street among each of the instant street trees, and the second street trees were set up as vertical length.

C. The Defendant is a local government that manages roads and roadside trees where the instant accident occurred.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, 12, Eul evidence Nos. 1 and 4 (including paper numbers, hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings was not properly maintained, and the accident of this case occurred as a whole. The defendant is liable to compensate the plaintiff for damages caused by the accident of this case as a manager of the above roadside trees pursuant to Article 2 (1) or 5 of the State Compensation Act.

The plaintiff's assertion as to Article 2 of the State Compensation Act is difficult to view that the accident of this case is intentional or illegal to the defendant, on the sole basis of the fact that the number of street trees of this case in this case was extended to the road so as to obstruct the passage of vehicles, and there is no other evidence to recognize it. The plaintiff's allegation in this part

The defect in the construction or management of the public structure under Article 5 (1) of the State Compensation Act related to the plaintiff's assertion of Article 5 of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily according to its use. However, the function of the public structure is not complete.