1. The Defendant shall pay to the Plaintiff KRW 83,681,946 as well as 5% per annum from July 15, 2013 to October 20, 2015, and the next day.

1. Basic facts

A. The defendant is as follows.

It is the construction manager of a road where an accident described in the port occurs.

B. On July 15, 2013, the Plaintiff was driving the Ortoba on the 02:30 on July 15, 2013, and proceeding the road in front of the C Hospital in Geumcheon-gu Seoul (hereinafter “instant road”) (hereinafter “the instant road”) into the new forest basin, and the body fell from the sign pole because the surface on which the asphalt packed (hereinafter “the so-called “the so-called “the so-called so-called “the so-called “the so-called mart hole”) went back to the new forest basin.

(hereinafter “instant accident”). As a result, the Plaintiff suffered from injury, such as the upper right-hand alley, open alley, the left-hand alley, and the low agricultural scarcity infection after the left-hand scarb, and the stobane was damaged.

C. At night at the time of the instant accident, there was an poor visibility, such as the Defendant’s unloading from rain, and the Defendant thereafter performed the repair work of road surface at the point of the instant accident on July 17, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, Gap evidence 11 to 13-4, Eul evidence 1 to 4, Eul evidence 9-1 and 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The basis of liability (1) The defect in the construction and management of public structures under Article 5(1) of the State Compensation Act refers to the defect in the construction and management of public structures, which was offered for public purposes, is in a state that the public structures have no ordinary safety.

In addition, the above safety should be determined on the basis of whether the installer or manager of a public structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the danger of the public structure. Moreover, financial and material constraints of the installer or manager should also be considered.

Therefore, even in the case of a road, which is a public structure, it is not a high level of safety to maintain the complete state of construction and management.