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. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with B vehicles (hereinafter “Plaintiff vehicles”).

B. On December 19, 2015, on December 15: 12, 2015, an accident occurred where the Plaintiff’s vehicle, who was straighted in one lane (hereinafter “instant road”) front of the C Apartment-dong (hereinafter “instant road”), was facing the E (79 years old) that was towing the bicycle on the right side of the road, with the right side of the headlight (hereinafter “instant accident”).

C. E died while being hospitalized due to the instant accident, and the Plaintiff paid KRW 64,365,360 in total under the name of the above E’s medical treatment costs and consolation money.

On the other hand, the point of accident of this case is located immediately after narrow from the two-lanes to the one-lanes with a small bend, and there was no pedestrian passage from the one-lanes.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 13, Eul evidence No. 1 (including each number), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to Article 12 of the Rules on the Standards for Structure and Facilities of the Plaintiff’s argument, the road should be connected to the roadway and a shoulder is installed, and the road of this case is located in a place where the passage of the road is to move to the apartment door located in the vicinity of the neighboring residents. As such, the sidewalk should be installed in accordance with Article 16 of the said Rules.

However, since the Defendant did not separately install the roadsides and sidewalks on the instant road, and the instant accident occurred due to the negligence of the Defendant, the Defendant is responsible for the public structure as stipulated in Article 5(1) of the State Compensation Act.

B. (1) The Road Traffic Act stipulates that a bicycle falls under the “motor vehicle” subject to the principle of passage of roadways (Article 13(1) (Article 2 subparag. 17), and in Article 13-2, a bicycle rider must pass along the bicycle lane at a place where a separate bicycle lane is located.