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1. The Defendant’s KRW 7,923,00 as well as the Plaintiff’s annual rate of KRW 5% from December 19, 2017 to July 4, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff concluded an automobile insurance contract with A and B automobiles (hereinafter “insured”) with an insurer running non-life insurance business, etc.
B. On December 16, 2016, A driving an insurable vehicle around 21:42 on December 16, 2016, caused a traffic accident leading to a car normally driven on the opposite part, while passing through the so-called “the so-called “the so-called “the so-called “the so-called” of this case”) of the so-called “the so-called “the so-called”-called “the so-called “the so-called”-called “the so-called “the so-called”).
(hereinafter “instant traffic accident”). C.
The Plaintiff paid insurance money of KRW 39,615,090 in total with respect to the instant traffic accident.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 5-1 to 5-5, the purport of the whole pleadings
2. Determination:
A. 1) The “defect in the construction and management of a public structure” under Article 5(1) of the State Compensation Act refers to a state in which the public structure, which was offered for public purposes, fails to have safety requirements for the construction and management of the public structure (see, e.g., Supreme Court Decision 2013Da208074, Oct. 24, 2013). 2) Whether the three-distance in the instant case was in a state in which the public structure was ordinarily safe.
The following circumstances acknowledged by the evidence, namely, ① the instant three-way distance, which A entered the station direction, appears to be likely to enter the station direction by causing confusion with the driver, ② the traffic sign called one-way path has not been installed up to the entry side of the three-way distance, and the road surface seems to have no left or right-hand turn-on sign on the road surface, ③ the instant three-way distance does not have a street lamps, making it difficult to grasp the form of the road and the lane at night.