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

1. Facts of recognition;

가. 원고는 C에서 근무하는 승무원인데, 2017. 9. 26. 19:19경 김포시 D 근처 이면도로(이하 ‘이 사건 도로’라 한다)에서 전동킥보드를 타고 가다가 도로의 움푹 들어간 부분(이하 ‘이 사건 파손 부분’이라 한다)에 앞바퀴가 걸려 넘어지면서 쇄골골절상을 입었다

(hereinafter “instant accident”). (b)

At the time of the instant accident, the Plaintiff’s mobile phone was set far away from the floor at the time of the instant accident, and the Plaintiff temporarily suspended from office for three months from September 30, 2017 due to the instant accident.

C. The instant road is a road managed by Defendant Kimpo-si, and Defendant Kimpo-si partially repaired the instant damage after the instant accident.

Defendant Kimpo-si entered into a mutual aid agreement with the E-Mutual Aid Association for damages caused by defects in public structures, and the E-Mutual Aid Association again entered into a mutual aid agreement with Defendant B Co., Ltd (hereinafter “Defendant B”) in the form of reinsurance.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, 13, 14, 15, 21, 22, 26, 28, 30, 34 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to the state in which the public structures offered for public purposes have failed to have ordinary safety in accordance with their purposes.

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 roads which are public structures, it is necessary to maintain the complete state of construction and management.