1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is the manager from the Western Highway to the MagpoIC.

B. On August 12, 2017, the Plaintiff’s vehicle passed a one-lane (e.g., a national hole where part of the surface of pothole asphalt road is laid down or drop down; hereinafter “instant soft”) located on the road while driving a two-lane (hereinafter “instant road”) near ICT near the land adjacent to the west Highway on the west Highway on August 11, 2017, and damaged the parts, etc. of the vehicle onto the concrete ice on the road.

(hereinafter referred to as “instant accident”). C.

On August 31, 2017, the Plaintiff paid KRW 6,984,260 as the repair cost of the Plaintiff’s vehicle (excluding KRW 500,00) and KRW 2,995,30 as the sum of KRW 9,979,560 as the insurance proceeds.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The instant accident occurred due to the defect in the construction and management of the Defendant’s road.

B. It is difficult to deem that there was a defect in the construction and management of the road of this case to the Defendant solely on the ground that the Art Hall of this case occurred.

In addition, the accident in this case occurred due to the excessive operation of the driver of the plaintiff vehicle and the violation of the duty of the driver of the vehicle.

C. The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act means that the public structure is in a state of failing to have safety ordinarily equipped in accordance with its purpose. Thus, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has a defect in its function.