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. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the

2. The parties' assertion

A. The plaintiff's assertion 1) The accident point of this case is likely to leave the road outside of the road due to high possibility of leaving the road outside of the road, and the defendant did not install a protective fence. 2) The accident point of this case is a part where the road type is changed rapidly, and it is necessary to install a protective fence. However, the defendant did not install it even though the accident point of this case is a part where the road type is changed rapidly.

3) Although safety signs are required to inform the road bend at the site of the instant accident, the Defendant did not install them at the time of the instant accident. At the time of the instant accident, the Defendant failed to take measures such as removing snow on the instant road or spraying snow materials, leaving the road alone under ice.

5) Ultimately, since the defect in the construction and management of a road as above lies in the accident of this case, the defendant is liable to compensate for the damages corresponding to the ratio of negligence contributed to the occurrence of the damage in the position of joint tortfeasor. 6) Accordingly, the defendant is liable to pay the plaintiff the damages amounting to 209,051,170 won (=1,045,255,896 won x 20% of the insurance money paid by the plaintiff to the plaintiff x 20% of the insurance money paid by the plaintiff x 20%, and the damages for delay.

B. The defendant's assertion cannot be deemed to have defects in the installation and management of the road of this case. Thus, the plaintiff's assertion based on this premise cannot be accepted.

3. Whether liability for damages arises;

A. "Defects in the construction and management of public structures" under Article 5 (1) of the State Compensation Act are safety of public structures that have been offered for public purposes.