1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is a management authority with respect to the roads of 150 ambi-dong, Jin-gu, Busan and 34 ambi-do, Jin-dong and ambi-do (hereinafter “instant roads”). The management authority is a local government in charge of its maintenance and repair.

B. On August 25, 2018, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving the instant road on or around 09:58, while driving the Plaintiff’s vehicle, was damaged by shocking the instant cover with a refluoring the refluor of a steel-proof pipe, protruding the fast door in the crossing side (hereinafter “instant cover”). The driver suffered damage from shocking the front part of the Plaintiff’s vehicle, etc. on the instant cover.

(hereinafter referred to as “instant accident”). C.

On September 7, 2018, according to the above automobile insurance contract, the Plaintiff paid KRW 7,310,000, excluding KRW 500,000 of the self-paid cost, out of the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 to 5 and 11, video, the purport of the whole pleadings

2. The defendant, as the managing body of the road of this case, neglected to maintain and manage the road of this case, left the cover of this case, and thereby caused the accident of this case. Thus, the defendant is liable to pay the plaintiff the insurance money equivalent to the repair cost of the plaintiff's vehicle and pay the above 7,310,000 won and damages for delay to the plaintiff who acquired the right of compensation by subrogation.

3. Determination

A. "Defects in the construction or management of the public structure" under Article 5 (1) of the State Compensation Act refers to the state in which the public structure is not equipped with safety ordinarily in accordance with its use. The construction and management of the public structure does not always have a high level of safety to the extent that it maintains a complete state of integrity.