1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

1. Occurrence of liability for damages;

A. On July 12, 2019, the Plaintiff: (a) temporarily returned Co., Ltd. C or electric vehicles from Company B on July 14, 2019; and (b) leased Co., Ltd. on July 14, 2019.

원고는 2019. 7. 14. 09:00 서귀포시 D 소재 도로를 위 차량을 운전하여 이승이 오름 쪽에서 서귀포 쪽으로( 북쪽에서 남쪽으로) 진행하다가 도로를 가로질러 설치된 배수로 위를 지나게 되었는데, 배수로의 철제 덮개가 견고하게 설치되어 있지 않아 위 차량이 통과하는 순간 철제 덮개가 튕겨 지면서 위 차량의 하부를 강타하여, 위 차량의 배터리가 파손되었다.

The defendant is the person who installs and manages roads in the above accident site.

[Reasons for Recognition] Facts without partial dispute, Gap evidence Nos. 1, 3, 8, 9, 11 through 13 (including each number) or video, and the purport of the whole pleadings

B. The defect in the construction or management of public structures in accordance with Article 5(1) of the State Compensation Act means a state in which the public structures do not have safety ordinarily in accordance with their intended use.

However, there is a defect in the construction or management of the public structure solely on the fact that there is any defect in its function without the complete state of the public structure.

In light of the overall circumstances, such as the purpose of the public structure and the location and use status of the public structure, safety should be determined on the basis of whether the installer and manager fulfilled the duty to take protective measures to the extent generally required in light of social norms in proportion to the risk of the public structure (see Supreme Court Decision 2000Da56822, Jul. 27, 2001, etc.). The defects in the construction, management, and preservation of the road are comprehensively considered such as the location and location of the road, road structure, traffic volume, traffic conditions at the time of the accident, etc., and the location, shape, etc. of physical defects.