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. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to BNEW EF rocketing vehicles (hereinafter “Plaintiff-motor vehicle”) owned by A, and the Defendant is as follows.

It is a manager of national highways, which is a road where an accident described in paragraph has occurred.

B. On January 19, 2016, the Plaintiff’s vehicle was running along the instant road located in front of the FE Protection wall (hereinafter “instant road”), and the Plaintiff’s vehicle was destroyed due to collision with the PE Protection wall (hereinafter “instant accident”).

C. The Plaintiff’s repair cost of the Plaintiff’s vehicle, KRW 900,000, January 27, 2016, and the same year

2. 25. 39,00 won was paid and insurance proceeds totaling KRW 939,000 was paid.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, and the result of inquiry and response to inquiries by the court of first instance to the Glang Police Station, the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff’s vehicle was normally driven by the Plaintiff, the instant accident occurred due to shocking the wind and the Plaintiff’s vehicle. This is due to the construction and management defect of the instant road, which is a public structure, in which the Defendant is responsible for the maintenance and management of the instant road. Therefore, the Defendant is obliged to pay the insurance money and pay the amount equivalent to the repair cost paid by the Plaintiff to the Plaintiff who acquired the claim for damages by subrogation by the insurer.

B. The Defendant’s failure to prove the cause of the instant accident, and the Plaintiff’s negligence appears to exist, and at the time of the accident, the instant road has the ordinary stability to be equipped, and it cannot be deemed that there was a defect in the construction or management.

3. Determination

A. "Defects in the construction or management of public structures" in Article 5 (1) of the State Compensation Act means safety that public structures have to have ordinary safety according to their purposes.