1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with A and B AD vehicles owned by it (hereinafter “Plaintiffs”). The Defendant is an ordering entity of the construction of the dong-gu Yandong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant road”).

B. A’s child C was operated on October 29, 2015 on and around 00:47, and the body of the Plaintiff’s vehicle was destroyed while driving the instant road.

(hereinafter referred to as the "accident of this case")

From December 16, 2015 to April 12, 2016, the Plaintiff paid KRW 18,575,390 of the insurance proceeds from the instant accident.

【Reasons for Recognition】 The entries and images of evidence Nos. 1 through 19, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion occurred due to an obstacle (refer to the attached Form; hereinafter “instant obstacle”) located on the road of this case. The Defendant, who is the person who installed and manages the road of this case, is liable to compensate for damages caused by the defect.

Therefore, the defendant is obligated to pay the insurance proceeds paid by the plaintiff to the plaintiff 18,575,390 won and damages for delay.

(b) the defect in the construction or management of a public structure means the defect in the construction or management of a public structure that does not have ordinary safety requirements in accordance with its intended use.

However, it cannot be said that there is a defect in the construction or management of a public structure merely because the public structure is not in a state of completeness and has any defect in its function. In light of the overall circumstances such as the purpose of use of the public structure and its current status and current status of use, it shall be determined whether the construction 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. The construction or manager of the public structure shall be charged with the construction or manager of the public