2. The parties' assertion

A. The Plaintiff’s assertion was left alone at the edge of the road of this case, and the road safety facilities, such as protective fences or starting-way guiding signs, were not installed at all despite a sudden slope in the outside of the road. The road of this case did not have sufficient width and substantial function. The road of this case has a defect in the construction and management of public structures as stipulated in Article 5(1) of the State Compensation Act, and the accident of this case occurred due to the defect.

Therefore, Defendant Korea is the principal agent to whom the management affairs of the instant national highways accrue, and Defendant Gyeong-do is the cost-bearing for the necessary expenses entrusted by the Defendant’s Republic of Korea to manage the national highways of this case. Defendant Gyeong-do is obligated to pay the insurance money due to the instant accident and to pay the Plaintiff KRW 50,08,190, and damages for delay.

B. The Defendants’ assertion (i.e., the instant road was delegated to Defendant Gyeongbuk-do, and the Defendant Republic of Korea is not the managing body of the instant road.

See The instant accident appears to have occurred when the instant vehicle moved from old and American City D to UIC, leaving the opposite part beyond the median line, and there was a defect in the installation and management of the road in light of the degree of damage to the road, etc.

There is no proximate causal relation between the defect and the accident in this case.

3. Determination

A. In full view of the following facts: (a) the management entity of the road of this case, Gap evidence Nos. 2, 5-1, 5-2, and Eul evidence Nos. 1 and 1; and (b) the purport of the entire pleadings, the road of this case is Gu and Si/Gun.