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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A-owned B (hereinafter “Plaintiff”). The Defendant is the manager of the road near the So-dong, Chungcheongnam-dong, Chungcheongnam-dong, 786-1, Yangdong-dong, Chungcheongnam-dong, the location where the following accident occurred (hereinafter “instant road”).

B. On February 13, 2016, around 1:40, the Plaintiff’s vehicle driven along the three-lanes of the instant road from the third-lanes to the two-lanes of the instant road caused the Plaintiff’s destruction of the Plaintiff’s vehicle and the injury of the Plaintiff’s driver, other than the Plaintiff’s driver A (hereinafter “instant accident”).

C. On July 12, 2016, the Plaintiff paid KRW 15,976,800 in total, including the cost of repairing the Plaintiff’s vehicle, the cost of restoring damaged road boundary stone to its original state, and the cost of treating two other passengers and passengers except A, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8 and 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is a non-permanent intersection that comes to the direction of 11:0 o’clock in the direction of the two-lanes, and there is a defect in installing and managing the instant road to the extent required by social norms, such as failing to install the starting-way facilities, lighting facilities, and driving-way vessels, even though it is necessary to install such facilities in order to prevent traffic accidents. Accordingly, the Defendant’s liability ratio, who is the installer and manager of the instant road, is about 70%, is 11,182,360 won of the insurance money paid by the Plaintiff and damages for delay. Thus, the Defendant should pay the Plaintiff the insurance money paid to the Plaintiff.

B. (1) The “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to the state in which the public structures, which have been offered for public purposes, have not been able to have ordinary safety in accordance with their purposes.