The part against the defendant in the judgment of the first instance shall be revoked and the plaintiff's claim against the revocation shall be dismissed.

1. Basic facts

A. On April 13, 2019, B driven by a vehicle C (hereinafter “Plaintiff”) owned by it on April 15:42, 2019, while driving a road No. 615 near Eridges located in D at the time of Jin-si, the said road was a small bending road on the right side of the road, while the said road was in the direction from the west door, and fell outside the road beyond the median line and opposite line.

(hereinafter “instant accident”). (b)

The Plaintiff, which entered into an automobile insurance contract with B, paid 17,995,900 won in total as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion did not have a sign informing the hond road on the right side at the place where the instant accident occurred, and the instant accident occurred due to the lack of a hondra to prevent the fall of a motor vehicle.

As such, there exists any defect in the construction and management of the above road, the defendant shall pay the plaintiff who has paid the insurance proceeds of this case with the indemnity amount of KRW 17,995,90,900, and damages for delay.

B. 1) The State or a local government shall compensate for any damages inflicted on another person due to defects in the construction or management of a road, river or any other public structure (Article 5(1) of the State Compensation Act). However, the term “defect in the construction or management of a public structure” referred to in the above Article means that the public structure is in a state of failing to meet the ordinary safety requirements to be secured according to its intended purpose. Thus, it cannot be said that there is any defect in the construction or management of a public structure merely because the public structure does not completely have any defects in its function. Whether such safety requirements are satisfied are the purpose of the public structure, the present state and utilization of the public structure.