1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is as follows.

It is the manager of a road in which an accident described in the port occurred (hereinafter referred to as “instant road”).

나. 원고 차량이 2017. 3. 5. 10:44경 파주시 광탄면 기산로 177번길 중산교를 진행하던 중 도로 노면이 움푹 파인 부분(이하 ‘이 사건 포트홀’이라 한다)으로 인하여 원고 차량의 조수석 쪽 타이어 및 휠이 파손되는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

C. On July 26, 2017, the Plaintiff paid KRW 870,020 as insurance money for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred due to defects in the construction and management of the defendant's road, which neglected the Art Hall of this case.

On the other hand, the defendant asserts that the construction and management defect of the road is difficult because it is practically impossible for the defendant to immediately discover the bitle that occurred on the date of the instant accident and take measures, prior to and after the instant accident, on February 28, 2017, and March 6, 2017, and on March 6, 2017.

B. "Defects in the construction or management of a public structure" in Article 5 (1) of the State Compensation Act refers to defects in the construction or management of a public structure in the state of lack of safety ordinarily required for its use. Thus, it cannot be said that there is any defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has some defects in its function. The construction or management authority shall comprehensively take into account all the circumstances, including the purpose of the public structure in question, the present state of the installation site, and the situation of its use.