1. The plaintiff's claim is dismissed.

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

1. Case summary

A. On April 10, 2016, the Plaintiff paid KRW 189,768,360 of the insurance money as the insurer with respect to the traffic accident (hereinafter the accident in this case) occurred in the Bohho-gun, Young-gun, Young-gun, Samho-si (hereinafter the “instant intersection”) on April 10, 201, and paid KRW 189,768,360 of the insurance money to the Defendant, who is the manager, and installed the signal apparatus of the instant intersection on the sidewalk, against the Defendant, who is the manager, only the signal apparatus of the instant intersection, such as tri-type tri-shaped, etc. on the sidewalk, and it is difficult to confirm the contents of the signal properly and difficult to confirm, it is defective in the forepart of the signal apparatus, such as clarity, personality, safety, consistency of the signal apparatus system, and the Defendant’s liability ratio related thereto is 40% (=189,768,360% of the indemnity amount by the instant lawsuit).

B. As to this, the defendant is arguing that there was no defect in the installation and management of signal apparatus at the time of the accident of this case.

2. Whether any defect exists in the construction or management of public structures;

(a) (i) Defect in the construction or management of a public structure as defined in Article 5(1) of the State Compensation Act means a state in which the public structure is not equipped with safety ordinarily with the intended use.

However, if a public structure has any defect in its function, it cannot be said that there is any defect in the construction or management. In light of various circumstances such as the use of the public structure, the current status of the place of installation and the current status of its use, the determination of whether the construction or manager has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure should be made.

On the other hand, if safety standards are prescribed by the laws or regulations or the internal rules of the administrative agency, this can be a single standard to determine whether the construction or management defects of the public structures are defective.

(See Supreme Court Decision 2013Da204539 Decided March 10, 2016, etc.).