1. The Defendant: (a) against Plaintiff A, KRW 23,052,304, KRW 10,701,536, respectively, and each of the said money to Plaintiff B and C, on July 17, 2016.

1. Facts of recognition;

가. D는 2016. 7. 17. 07:45경 무등록 사륜 오토바이(보통 ‘사발이’라고 부르고 있으므로 이하에서도 그와 같이 칭한다)를 운전하여 전북 완주군 E 소재 F병원 앞 도로(이하 ‘이 사건 도로’라고 한다) 2차로를 전주 방향에서 순창 방향으로 진행하다가, 진행방향 전방에 있던 가로, 세로 각 15cm 크기로 움푹 파인 원형의 도로파손(이하 ‘이 사건 포트홀’이라고 한다)에 사발이 앞바퀴가 걸리는 바람에 사발이가 중심을 잃고 쓰러져 진행방향 우측에 설치되어 있던 옹벽을 충돌하였다.

(b) D is the same year due to the above accident;

7. The deceased died on 18. The deceased’s heir is the Plaintiff A and C, a spouse, who are the Plaintiff B and C.

【Ground of recognition】 The fact that there has been no dispute, and the purport of Gap’s entries or images, and whole pleadings, including various types of numbers, as described in Gap’s evidence No. 1 through 7, 11, 12, 13, and Eul’s

2. Occurrence of liability for damages;

A. 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 offered for public purposes have failed to have ordinary safety in accordance with their purposes.

In addition, the above safety should be determined on the basis of whether the installer or manager of a public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. Moreover, financial and material constraints of the installer or manager should also be considered.

Therefore, the construction and management of a road, which is a public structure, has no high level of safety to the extent that it maintains the complete state of construction and management, and it cannot be concluded that there is a defect, and it is a relative safety in which users expect a common and orderly method of use.