1. The Defendant’s KRW 30,347,687 and its relation to the Plaintiff’s KRW 5% per annum from May 27, 2020 to August 19, 2020.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”).

B. On April 8, 2019, around 11:23, the Plaintiff’s driver D was driving the Plaintiff’s vehicle into E and driving the Plaintiff’s vehicle, and the 615 local highway No. 615 near the Gridge located in the Gyeongjin-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant installed and managed (hereinafter “instant road”), and was driving the said road in the direction from the west to the right direction, and the said road was cut down from the west to the right direction.

(hereinafter referred to as “instant accident”). C.

From April 24, 2019 to May 26, 2020, the Plaintiff paid KRW 9,731,000 for the Plaintiff’s automobile repair cost, KRW 49,309,480 for D’s medical expenses and damages, KRW 92,698,03 for E’s medical expenses and damages.

[Ground of recognition] Facts without dispute, Gap 1 through 4, Gap 6, Eul 4, and the purport of the whole pleadings

2. Determination

A. Since the road at the place where the Plaintiff’s assertion was made at the end of the Plaintiff’s vehicle’s movement, the driver of the vehicle driving along the road cannot be deemed to continue to lead to the road. However, considering the characteristics of the road, it should be prevented by installing safety signs, installing protective fences, etc. so that the driver can recognize the road form, and thus, the accident in this case occurred concurrently with the driver’s negligence, and thus, the Defendant also is liable to compensate for the accident in this case, and the error in the construction and management of the road, which is a public structure managed by the Defendant, should be deemed to be 30%.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 45,521,545 (=151,738,483 x 30%) and damages for delay.

B. The defects in the construction or management of the public structure under Article 5(1) of the State Compensation Act are safety that the public structure should have ordinary skill in accordance with its use.