Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

1. The facts of recognition and the grounds for this part of the claim by the parties are as stated in the judgment of the first instance, except that the “ disability” in the fifth 3th 5th th of the judgment of the first instance is “ disability”, and the “five %” in the fifth 4th th is “10 to twenty %”, and it is identical to the corresponding part of the judgment of the first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. 1) Whether there is a defect in the construction and management of a road by the defendant under Article 5 (1) of the State Compensation Act refers to a situation in which public structures have failed to have safety ordinarily established according to their purposes. Whether safety is satisfied should be determined based on whether the construction and management manager has fulfilled its duty to take protective measures to the extent generally required in proportion to the danger of public structures in light of the overall circumstances such as the use of the public structures in question and the current state of the construction site and the current state of the use thereof, etc. In the instant case where the defendant does not prove that the person who occupies and manages the road has no possibility of management thereof, it constitutes a defect in the management and maintenance of the road (see Supreme Court Decision 97Da32536, Feb. 10, 198; Supreme Court Decision 9404, Feb. 25, 2000; Supreme Court Decision 2005Da85407, Aug. 3, 2005). 200.