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1. The Defendant’s KRW 19,320,00 for the Plaintiff and 5% per annum from June 26, 2015 to October 26, 2017.
Reasons
Basic Facts
On June 26, 2015, at around 07:10 on June 26, 2015, the Plaintiff, while driving the Plaintiff’s vehicle and driving it into the string, underground parking spaces located in Daejeon Pungdong-gu, caused a water pool which is generated in the underground lane, and caused an accident that causes damage to the pans, typ chairss, and fishing of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”) The Jinter Underground Road (hereinafter referred to as “instant road”) which is the location of the instant accident is managed by the Defendant.
[Ground of recognition] The accident of this case occurred because the defendant, who is responsible for the plaintiff's assertion of the purport of the plaintiff's assertion, the whole pleading, and the purport of pleading as to Gap's evidence Nos. 1 through 3, has a duty to periodically check road drainage facilities, etc. and manage the road so as not to cause water to the road. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident
Judgment
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 a public structure, which has been donated to a public purpose, is not equipped with safety ordinarily required for its use. In the construction and management of a public structure, it cannot be said that there is a defect in the construction or management of a public structure on the ground that the public structure does not always have high level of safety to the extent that it maintains a perfect state of maintenance. The degree of duty to take protective measures imposed on the installer or manager of a public structure refers to the extent generally required by social norms in proportion to the danger of the public structure. Thus, in the case of a road which is a public structure, a relative safety is expected by a person using it, taking into account the relationship with other essential facilities or the financial, human and physical constraints of the person who installs and manages it.