1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. The Plaintiff’s assertion 1) A is the Plaintiff’s vehicle B around November 15, 2015 (hereinafter “Plaintiff’s vehicle”).

) A two-lane road (hereinafter referred to as the “instant road”) in the direction of the vice-section 1, the vice-section 1, the vice-section 1, the vice-section 1, the vice-section 1

) 중 2차로를 진행하던 중 도로면이 움푹 파인 부분(이하 ‘이 사건 포트홀’이라 한다

3) After the death of the Plaintiff’s vehicle, the Plaintiff’s parts of the vehicle were damaged (hereinafter “instant accident”).

(2) The instant accident occurred due to the defect in the instant road, which is a public structure established and managed by the Defendant, and the Defendant is liable for the damages incurred by the Defendant, and the Defendant, as the insurer of the Plaintiff’s vehicle, paid KRW 3,584,000 insurance money to A on November 25, 2015, as the insurer of the instant vehicle, the Defendant is liable to pay the Plaintiff the said KRW 3,584,000 and the delay damages therefrom by subrogation by the insurer under the Commercial Act.

B. Defendant’s assertion 1) Considering that A received an accident after the lapse of two days after the occurrence of the instant accident, it cannot be readily concluded that the instant accident occurred due to the neglect of duty in the instant case. In addition, the defect of the instant road was under the circumstances where the Defendant’s management act was not possible, and it is objectively and objectively deemed that there was no possibility of expectation and possibility of avoidance of damage due to the defect in the road’s function in time and place, and thus, the Defendant’s liability for the defect in the road management cannot be recognized.

2. Determination

A. "Defects in the construction and management of public structures" in Article 5 (1) of the State Compensation Act refers to the state where the public structures built for public purposes are not equipped with safety ordinarily required for their use, and the construction and management of the public structures do not always have high level of safety to the extent that they are maintained in a state of complete maintenance.