1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 28, 2013, at around 08:10, A driven a B1 ton truck owned by himself (hereinafter “instant accident vehicle”) and driven a bend road from the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend from the bend to the bend to the bend. In violation of the duty of bend to the front direction, A, who escaped from the road without discovering the bend to the bend and died by falling to the valley below approximately 50 meters.

(hereinafter “instant accident”). (b)

On July 3, 2012, the network A entered into a comprehensive motor vehicle insurance contract with the Plaintiff regarding the insurance period of the instant motor vehicle from July 3, 2013 to July 3, 2013.

C. The Plaintiff paid KRW 100,000,000 for the deceased’s bereaved family members, as well as KRW 2,910,000 for the loss compensation for the instant vehicle, under the pretext of medical expenses and consolation money for the deceased’s bereaved family members due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, 12, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff's assertion is that the road management agency of the road of this case, which is the road of this case, is likely to break a vehicle by bending roads. Thus, the defendant must install a protective fence at the place where the vehicle is likely to fall, install a safety sign informing of the fall risk, and manage the road stone well, but is negligent in failing to do so.

B. 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 in a state where the public structure is in a state of lack of safety ordinarily required for its use. Thus, 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 there is a defect

In order to determine whether the above safety has been satisfied, a manager of the public structure is responsible for the establishment in full consideration of all the circumstances, such as the use of the public structure in question, the current status of the place and use thereof.