1. The judgment of the court of first instance is modified as follows.

Defendant Republic of Korea shall pay 340,900 won to the Plaintiff and this.

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to B automobiles for the Plaintiff (hereinafter “Plaintiff”).

B. Around 20:40 on September 19, 2017, while the Plaintiff’s vehicle was straighted from the third national highway located on the front side of the Cheongwon-si (hereinafter “instant road”), the front part was destroyed by facing with the Gemangium and the lower part of the instant road.

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

By April 4, 2018, the Plaintiff paid KRW 681,800 in total with the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.

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

2. The plaintiff's assertion

A. In the first place, Defendant Republic of Korea is responsible for compensating for the damages caused by the instant accident, as the instant accident occurred, even though Defendant Republic of Korea neglected to manage the instant road by removing various kinds of roadside trees away from the said road, etc.

B. If it is difficult to recognize the responsibility of Defendant Republic of Korea for household affairs, Defendant Chungcheongnam-si, as the manager of the road of this case, is responsible for compensating for damages caused by the instant accident, since Defendant Chungcheongnam-si, as the manager of the road of this case, did not remove various kinds of street trees away on the road of this case, and even if not, is responsible for compensating for damages caused by the instant accident.

3. Determination

A. (1) Determination as to the claim against the primary defendant 1) The fact that the road in this case is a general national highway under Article 12 of the Road Act is the defendants. Thus, the Minister of Land, Infrastructure and Transport is the road management authority pursuant to Article 23(1)1 of the Road Act, and the defendant Korea is the person in charge of management. (2) The "defect in the construction or management of public structures" under Article 5(1) of the State Compensation Act refers to the state in which public structures do not have ordinary safety according to their purpose.