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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiffs”). The Defendant is a local government delegated by the Republic of Korea (competent authority: Busan Regional Land Management Office) to manage general national highways No. 79 lines.
B. On October 6, 2018, around 10:30, the Plaintiff’s driver of the vehicle was driving the 79 line of the general national highway No. 79 line (hereinafter “instant road”). On the other hand, the Plaintiff’s driver of the vehicle was driving the 79 line of the general national highway near Si/Gun (hereinafter “instant road”). On the other hand, the Plaintiff’s earth and sand, which flows out from the sloping area, was an accident that covers the Plaintiff’s vehicle by excavating the sloping fence and covering the Plaintiff
C. From October 17, 2018 to November 13, 2018, the Plaintiff paid KRW 11,097,520 for the repair cost of the Plaintiff’s vehicle, excluding KRW 500,000 for self-charges, as the instant accident insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 through 5 (including each number), the purport of the whole pleadings
2. Determination
A. Where the existence of the defendant's liability for damages is delegated to an administrative agency, the agency that has been delegated with the authority may not be deemed to have changed in the subject of the assignment of affairs in the position of the administrative agency to which the delegated agency belongs, and the local government or the State, to which the delegated agency belongs, shall not be liable pursuant to Article 2 or 5 of the State Compensation Act. However, Article 6 (1) of the State Compensation Act provides that where the State or a local government is liable for damages pursuant to Articles 2, 3 and 5 of the State Compensation Act, where the person who is in charge of the appointment and supervision of a public official or the construction and management of a public institution, and the person who is in charge of the construction and management of a public official's salary, salary and other expenses, or any other expenses, are