1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On May 21, 2016, at around 17:00 on May 21, 2016, the Plaintiff: (a) towed the bicycle in front of the Esung Party D (hereinafter “the instant report”); (b) exceeded 1.3 meters from the sidewalk; and (c) crashed the floor below 1.3 meters.

(hereinafter “instant accident”). (b)

In the instant accident, the Plaintiff suffered injury from the pressure strings No. 12, 7, and 9 of the release-type frame, the pressure strings, the impairment of the head diversity, the open impairment of other head parts, the opening of the left strings, and the heat of the lower part of the left strings and the lower part of the left strings and the left strings, and the injury of the escape strings of 31,32,33,34,41,42,43,444.

C. The report of this case is currently installed with a pedestrian protection fence.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2 and 9 (if there are numbers, including branch numbers; hereinafter the same shall apply) or images, the fact inquiry inquiry and reply to the chief of Jung-Eup fire station of this court, the purport of the whole pleadings

2. The parties' assertion

A. Part III of the Road Safety Facilities Installation and Management Guidelines

2.2.3-c:

In accordance with subsection (1), a pedestrian protection fence was not installed in the report of this case, even if a pedestrian has a duty to prevent the fall by the sidewalk of this case.

In addition, since the report of this case was in a state of failing to have safety ordinarily, there is a defect in the installation or management of the report of this case under Article 5 (1) of the State Compensation Act.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 39,898,475, totaling KRW 15,298,475, and KRW 24,60,000 for the future treatment expenses, and delay damages incurred by the Plaintiff due to the instant accident.

B. The summary of the Defendant’s assertion is likely to fall if the news of this case goes through with ordinary attention 2 meters wide, and it is difficult to view that the Defendant has a duty to install safety facilities, such as pedestrian protection fences, etc. on the instant news report. The instant accident is the bicycle of the Plaintiff.