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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with A and B dump truck vehicles (hereinafter “instant vehicle”) as the insured C on September 2014.
B. On August 10, 2015, at around 15:46, C, driving the instant vehicle, and driving the national highway No. 38 of the 38-lane (hereinafter “instant road”) near the Do-Eup/Myeon in the direction of the proceeding, C, while driving the national highway No. 38 of the Do-do (hereinafter “instant road”) in the vicinity of the Do-Eup/Myeon-do-Eup, followed by a dump truck in the direction of the proceeding, and then, C, in order to avoid the collision, hump truck in the direction of the vehicle on the opposite side of the central line was shocked by the front part of the instant vehicle, followed by the protection fences and telegraph lines on the side, and fell under six meters below the direction of the instant road.
(hereinafter “instant accident”). C.
With respect to the instant accident, the Plaintiff paid KRW 2,362,00,00 in total, from August 12, 2015 to August 21, 2015, as the cost of repairing telegraph, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-7 and the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion is the subject managing the road of this case, and the damage caused by the accident of this case was increased due to the wind of installing a protective fence which is sufficient to ensure safety on the road of this case, and the degree of contribution was 30%. Thus, the defendant is liable to pay the plaintiff the indemnity amount of 708,600 won (=2,362,00 won x 0.3) equivalent to the portion of the negligence and the delay damages.
B. The “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to a state in which the public structures offered for public purposes have failed to have safety ordinarily prepared according to their intended purposes.
In addition, the question of whether the above safety has been secured is the danger of the public structure.