1. The plaintiff's claim is dismissed.

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

1. On July 5, 2016, the Plaintiff was running BMW X5 vehicles owned by the Plaintiff (hereinafter “instant vehicle”) and was running on the two-lane roads of the 516-line voice and fire fighting in front of the Newcheon-distance, Seoul Special Metropolitan City (Seoul Special Metropolitan City Do 516). On July 5, 2016, the Plaintiff caused an accident that inundations into rainwater that flowed on the ground of the said road (hereinafter “instant accident”).

[Ground of recognition] The purport of Gap evidence Nos. 1, 2, and 3 as a whole or as a whole

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion occurred due to the Defendant’s defect in the construction and management of the road or due to negligence.

As a result, the Plaintiff sustained damages of KRW 45,00,000, which is equivalent to the middle and middle price of the instant vehicle, and suffered from mental suffering, so the Defendant is obligated to pay the Plaintiff KRW 50,000,000 in total, including KRW 45,000,000, and KRW 50,000,00 in property damages.

B. The defect in the construction or management of the 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 failing to have safety ordinarily prepared according to its intended purpose. Thus, it cannot be said that there is a defect in the construction or management of the public structure solely on the ground that the public structure is not completely in a state of integrity and there

In order to determine whether the above safety has been satisfied, it is reasonable to determine whether a 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 by comprehensively taking into account all the circumstances such as the purpose of use of the public structure in question, the current status of the place where the public structure was installed and the current status of the use thereof. In other words, when there is no possibility and possibility of the occurrence of damage due to the defect in the function of the public structure