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1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the part of the reasoning of the judgment of the court of first instance, except for the addition of the following determination as to the plaintiff’s argument in the trial of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil
2. Additional determination
A. Considering the actual state of children’s use as a passage, a pre-child care center E-child care center parking lot in front of the Defendant’s operation should be divided into a road access road and a vehicle access road, or there should have been a warning sign to attract drivers’ attention and a road reflectors to secure view. However, there is a defect in the installation and management of the E-child care center, as it does not have such installation, which is likely to lead to the stability required by social norms.
Therefore, the defendant is liable to pay the damages paid by the plaintiff and its delay damages.
B. The defect in the construction and management of a public structure refers to a state in which the public structure is not equipped with safety ordinarily required. Thus, it cannot be readily concluded that there is a defect in the construction and management of the public structure on the ground that the public structure is not completely in perfect condition and there is a defect in its function. The determination of whether the public structure is equipped with safety must be based on whether the construction manager 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, including the purpose of the public structure in question, the present state of the construction site
(see, e.g., Supreme Court Decision 2007Da88903, Sept. 25, 2008). In light of the above legal principle, whether there was a defect in the construction and management of the E-child care center before the instant accident, the parking lot before the Defendant’s operation is divided into a parking space and a vehicle approach.