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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. On January 1, 2015, the Plaintiff’s insured vehicle A owned by the Plaintiff (B, B, B, B-B 9-3 A) suffered an accident that occurred on or around January 1, 2015 (hereinafter “instant accident”). At the time of the instant accident, the surface was built on the day of the instant accident, and the weather was created. The Plaintiff paid KRW 1,985,000,000 to the part of the insured for the total repair cost of KRW 2,29,000, excluding self-charges 314,000,000, or the Plaintiff paid KRW 1,985,000,000 to the part of the insured for the reason of the instant accident, or the parties did not dispute between themselves, and evidence Nos. 1, 2, 6, and B-A 1, and 3 through 5, 3, 7, and 3, and 5 of the film evidence as a whole.
2. Determination:
A. (1) The "defect in the construction or management of a public structure" under Article 5 (1) of the State Compensation Act refers to a state in which the public structure is not equipped with safety ordinarily for its use. In determining whether the construction or management has satisfied the above safety requirements, the criteria for determining whether the construction or management has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure should be taken by comprehensively taking into account all the circumstances such as the purpose of use of the public structure in question, the status of the site in question and the situation
(see, e.g., Supreme Court Decision 2003Da62026, Jun. 11, 2004). Meanwhile, the term “accident due to the construction or management defect of a public structure” does not refer only to cases where only the defect in the construction or management of a public structure causes damages, but also to cases where damage is incurred due to other natural facts, a third party’s act, or a victim’s act, as long as the defect in the construction or management of a public structure becomes one of the joint causes.