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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
A. On February 16, 2015, the Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the vehicle C owned by B (hereinafter “Plaintiff”), and the Defendant is the installation manager of the Plaintiff’s local highway near Gyeonggi-gun D.
B. On July 23, 2015, around 08:20 on July 23, 2015, the Plaintiff’s vehicle was destroyed due to the occurrence of falling rocks on the left side of the Plaintiff’s own road and collision with the front glass part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
By November 30, 2015, the Plaintiff paid a total of KRW 18,086,00 as insurance money, which is an appropriate amount at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 2, or the purport of the whole pleadings
A. "Defects in the construction and management of public structures" in Article 5 (1) of the State Compensation Act refers to a state in which the public structures built for public purposes are not equipped with safety ordinarily required depending on their use. However, it cannot be said that there are defects in the construction and management of public structures in the construction and management of the public structures. The degree of duty to take protective measures imposed on the installer or manager of the public structures is to the extent generally required by social norms in proportion to the danger of the public structures. As such, it is sufficient for a road as a public structure to have a relative safety that can expect users to use the public structures in light of the relationship with other essential facilities or the financial, human and physical restrictions of the person who installed and manages them. The defect in the construction and management of a road is a location, structure of the road, traffic volume, traffic conditions at the time of accidents, etc.