1. Defendant Jong-gun’s 20,355,361 won and the Plaintiff’s 5% per annum from September 25, 2019 to October 14, 2020.

1. Basic facts

A. The Plaintiff is the owner of B dump trucks (15 tons, hereinafter “instant truck”).

The Defendant Republic of Korea is the owner of the 167-1 square meters of the Dogri-ri, Seogri-ri 167-1, 268 square meters, and the Defendant Jong-gun is the owner of the road installed on the above land (hereinafter “instant road”) and the manager of the small river.

B. On September 24, 2019, the Plaintiff was involved in the instant accident where the instant truck was moored by a concrete package while driving the instant road (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including numbers, hereinafter the same shall apply) and images, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that the instant road was in the state where the primary part of the stone embankments located next to the road was cut down, and the soil was leaked into the lower part of the road, and concrete packaging was leaving the public. Accordingly, the instant accident occurred while the road was invaded.

Accordingly, the Plaintiff sought damages claim against Defendant Republic of Korea, the manager of the road of this case, and Defendant Jong-gun, the manager of the road of this case, in total, KRW 43,260,273 (i.e., the value decline damage of the truck of this case, KRW 8,294,150, the repair cost of KRW 18,671,828, the repair cost of KRW 11,294,295, the repair cost of KRW 11,295,00,000) and damages for delay.

B. The instant road asserted by the Defendants is narrow and the right side of a small river requiring attention in operation, and is a nonlegal road.

The plaintiff's 15 tons of trucks loaded 12 tons of aggregate on packaging and operated them, resulting in the collapse of the road.

This is an inevitable situation in which the road manager is ordinarily difficult to predict, and there is no defect in the construction and management of the road in this case.

On the other hand, the road of this case is installed and managed in the defendant Jong-gun.