1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On February 14, 2016, the Plaintiff concluded an automobile comprehensive insurance contract with respect to the C vehicle owned by the Plaintiff (hereinafter “Plaintiff”) with B (insured).

B. On October 5, 2016, around 10:00, the Plaintiff’s vehicle parked in the area of the military parking of the naval unit located in the Maritime Zone located in the Maritime Zone located in the Maritime Zone located in the Maritime Zone in the Maritime Zone in the Chang-si, Chang-si, Changwon-si. Around October 5, 2016. There was an accident that causes a shock of the Plaintiff’s vehicle (hereinafter “instant accident”). As the outer wall of the military unit building located in the strong wind due to typhoon’s “the instant building”).

C. The instant accident occurred to the Plaintiff’s vehicle in an amount equivalent to KRW 2,290,00 for the repair cost. B paid KRW 456,00 for the repair cost of the Plaintiff’s vehicle, and KRW 1,834,000 for the remainder of KRW 1,834,00 for the Plaintiff’s vehicle, other than his/her own share, on November 25, 2016, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

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 required for its use. In this context, the state in which safety is not satisfied, that is, the state in which there is a risk of harm to others, includes not only the state in which the physical or external defect or deficiency in the physical facility itself constitutes the public structure, but also the state in which the public structure is used for public purposes, and the state in which the public structure causes damage to a third party who is unable to participate in by social norms beyond a certain limit. Whether it is a damage that may be caused by social norms, is to the extent that it makes efforts to prevent the public structure's character, its content and degree of damage, and its degree of damage.