1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the owner of the Plaintiff (hereinafter “Plaintiff”) and the Defendant is the road management authority at the place where the following accident occurred.

B. On September 1, 2017, when the driver of the Plaintiff’s vehicle was driving along the Cpentthy road located in B at the Cpentthy in the city of 21:00, there was an accident in which the driver of the Plaintiff’s vehicle walked in the direction of the Plaintiff’s vehicle in front of the right-hand part of the Plaintiff’s vehicle (hereinafter “instant accident”), and due to the instant accident, the Plaintiff paid KRW 25,659,480 in total with the repair cost of the Plaintiff’s vehicle, 954,000, and medical expenses for D.

[Grounds for recognition] The descriptions and images of Gap's evidence Nos. 1, 4, 5, 6, and 7, and the purport of the whole pleadings

2. The plaintiff's assertion that the accident of this case occurred because the defendant did not install delivery and shoulder to the road of this case where the accident of this case occurred, did not remove miscellaneous trees, and since lighting facilities were not installed, it constitutes defects in the construction or management of the road of this case.

Therefore, the defendant, who is a road management authority, bears liability for damages under the State Compensation Act, and the plaintiff pays insurance proceeds to the defendant.

3. Determination

A. The defect in the construction or management of a public structure under Article 5 (1) of the State Compensation Act refers to a state in which the public structure is in a state of failing to have safety ordinarily required for its use. Thus, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has any defect in its function. In determining whether the public structure has safety above, the manager of the public structure has a defect in the construction or management of the public structure in light of the overall circumstances, such as the use of the public structure in question, the present state of the installation site and the situation