1. The defendant shall pay to the plaintiff (appointed party) KRW 3,00,000, KRW 29,682,786, and each of the above amounts.

1. Basic facts

A. The Plaintiff (Appointed Party) is subject to the punishment of the deceased D (hereinafter “the deceased”), and the Selection B and C are the parents of the deceased.

B. The Defendant has been managing the instant road as the owner of the Gwangjin-gu Seoul Metropolitan City 1810 Road (hereinafter “instant road”).

At the end of the right side of the road of this case, there is a vertical retaining wall of approximately 2.6 meters high, and there is a boundary line of the right side by raising about 20cm above the surface of the road, and the concrete protection wall of about 53cm in height and about 1m in width (hereinafter “protection wall of this case”) is installed at intervals of about 45cm in front of the boundary line.

(Attached 2 Photographs). (c)

On July 24, 2014, at around 01:00, the Deceased was seated on the instant protective wall under the influence of alcohol level of 0.231%, and was crashed below the retaining wall of this case (hereinafter “the instant accident”), and died due to damage to the parts of wood around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 to 4, the purport of the whole pleadings

2. Occurrence of liability for damages;

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. Whether safety requirements are satisfied should be determined on the basis of whether the installer or manager of the public structure fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the public structure (see, e.g., Supreme Court Decision 2013Da208074, Oct. 24, 2013). 2) The above basic facts, each film of evidence No. 4, the result of on-site verification by the court, and the following circumstances revealed by the entire purport of oral arguments, are not installed on the right side of the road at the time of the instant accident.