1. The Defendant’s KRW 11,969,542 as well as the Plaintiff’s KRW 5% per annum from March 30, 2017 to May 15, 2018.

Basic Facts

On May 21, 2016, at around 17:00, the Plaintiff: (a) towed the bicycle in front of Essung Party D (hereinafter “instant accident area”); (b) crashed the bicycle by the sidewalk, falling by approximately 1.3m below the floor below 1.3m.

(hereinafter “the instant accident”). The instant accident resulted in the Plaintiff’s impairment of the pressure frame of pressure 7 and 9 from the scarcity No. 12 of the scarcity, the scarcity No. 7 and 9 of the head, and the open impairment of the head.

At present, pedestrian protection fences are installed in the accident area of this case.

[Reasons for Recognition] The plaintiff's assertion of facts without dispute, Gap 1, 2, 7 evidence (including branch numbers in case of additional number), Eul 1 evidence or video, the purport of the whole pleadings, the summary of the plaintiff's assertion of the purport of the whole arguments, Part III of the Guidelines for Installation and Management of Road Safety Facilities

2. 2.3. (c) in the instant accident area, a pedestrian protection fence was not installed, despite the duty of pedestrians to prevent the fall by the sidewalk by installing a pedestrian protection fence.

In addition, since the report of the accident area in this case was in a state of not equipped with safety ordinarily, there is a defect in the installation or management under Article 5 (1) of the State Compensation Act.

Therefore, the Defendant is obligated to pay the Plaintiff the total sum of KRW 15,298,475, and the future treatment expenses of KRW 24,60,00,00, as well as damages for delay incurred by the Plaintiff due to the instant accident, including KRW 39,898,475.

"Defect in the construction or management of a public structure" in Article 5 (1) of the State Compensation Act refers to the defect in the construction or management of a public structure in a state that the public structure is not equipped with safety ordinarily in accordance with its intended purpose. Thus, it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness and has a defect in its function. The purpose of the public structure, its location, and its location.