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 comprehensive insurance contract with respect to B vehicles (hereinafter “instant vehicle”). The Defendant is the construction and manager of the national highways lower than the national highways (No. 25) located in the old and Seoyang-ri 590-21 located in the old and Seoyang-ri (hereinafter “instant passage”).

B. On May 28, 2018, the instant vehicle driver passed the instant passage around 06:00 on May 28, 2018, and during that process, the instant vehicle was damaged on the wind entering the engine through the air inhalers of vehicles.

(hereinafter referred to as “instant accident”). C.

On May 31, 2018, the Plaintiff determined that the instant vehicle was damaged due to the instant accident, and paid KRW 6,859,000, which is the amount equivalent to the automobile repair cost, excluding KRW 500,000, pursuant to the comprehensive automobile insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 4 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The defect in the construction or management of a public structure under Article 5(1) of the State Compensation Act refers to the defect in the construction or management of the public structure is in a state of not having safety ordinarily required for its use. However, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has any defect in its function. In determining whether the safety is satisfied, the standard is whether the construction manager 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, taking into account all the circumstances, such as the use of the public structure in question, the present state of the construction site, and the situation of its use (see Supreme Court Decision 200Da56822, Jul. 27, 2001).