1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to B vehicles (hereinafter “instant vehicle”). The Defendant is the construction and manager of the national highways 45 located in Yan-si in Gwangju-si (hereinafter “instant road”).

나. 이 사건 차량 운전자는 2018. 4. 10. 07:50 이 사건 도로 위를 주행하다가 이 사건 도로상에 설치된 스틸그레이팅(빗물배수 맨홀)이 튀어올라 이 사건 차량 하부를 충격하였고(이하 ‘이 사건 사고’라 한다), 이 사건 차량의 사이트스텝, 트랜스케이스 등이 파손되었다.

C. On April 26, 2018, the Plaintiff determined that the instant vehicle was damaged due to the instant accident, and paid KRW 3,010,000, which is equivalent to the repair cost of the vehicle, excluding KRW 500,000,000, to the Maintenance Office.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The defect in the construction or management of a public structure under Article 5 (1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state of failing safety ordinarily required for its use. However, 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 a defect in its function. In determining the safety of the public structure above, the determination of whether the construction manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure should be based upon comprehensive consideration of all the circumstances such as the use of the public structure in question, the present state of the construction site, and the situation of its use (see Supreme Court Decision 200Da56822, Jul. 27, 2001).