1. The plaintiff's claim is dismissed.

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

1. Facts of premise;

A. On March 14, 2016, while driving a vehicle B (hereinafter referred to as “Plaintiff”) and driving a national highway No. 25 of Gangnam-gun National Highway No. 13:40 on March 14, 2016 (hereinafter referred to as “instant road”), A, while driving the vehicle B (hereinafter referred to as “Plaintiff”) and driving the national highway No. 25 (hereinafter referred to as “instant road”), was shocked by Nonparty C’s 4 other than C, and the damaged vehicle was damaged.

(hereinafter “instant accident”). B.

The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4-7 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Since oil was left left alone on the road of the instant accident site asserted by the Plaintiff, the Plaintiff’s vehicle caused the instant accident. As such, there is a defect in oil left alone on the instant road, and the instant accident occurred thereby. As an insurer, the Defendant, who paid the insurance money to C, etc., is liable to pay the indemnity amount to the Plaintiff.

B. 1 Defect in the construction or management of a public structure as defined in Article 5(1) of the State Compensation Act means a state in which the public structure is not equipped with safety ordinarily for its 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 is necessary to determine 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.

On the other hand, if the internal rules of the law or the administrative agency determine the defects in the construction and management of public structures.