1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer of a mutual aid agreement with a new passenger corporation and A urban bus to compensate for losses, etc. legally responsible to the new passenger corporation by causing another person due to an accident during the operation of the bus. The Defendant is a local government that is in the position of managing roads within its jurisdiction.

B. On December 24, 2017, B driven the bus A (hereinafter “the instant bus”) around 13:05, and driven the two-lane road (hereinafter “the instant road”) in front of the D Real Estate Office located in Nam-gu Busan (hereinafter “the instant road”). However, as the front end of the instant bus, the front end of the instant bus, without properly covering the openings on the road, and the front end of the instant road, and the front end of the instant bus was slided into the front end of the road, thereby causing an accident where passengers E, who was on board the instant bus, was injured (hereinafter “the instant accident”).

C. From January 12, 2018 to February 20, 2018, the Plaintiff paid to E totaling KRW 938,330 (i.e., medical treatment costs of KRW 338,330,000).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion contributed significantly to the Defendant’s failure to properly manage the road of this case. The Defendant’s negligence at least 60% is recognized. Thus, the Defendant’s 60% of KRW 562,990, which corresponds to 60% of the insurance money paid by the Plaintiff is KRW 562,998, but only KRW 562,990, which is the Plaintiff’s 60% of the insurance money paid.

B is obligated to pay to the Plaintiff.

B. The defendant's assertion that the accident of this case occurred due to the care of the driver B of the bus of this case, and there is no negligence on the defendant, and the defendant is not obliged to respond to the plaintiff's claim.

3. Determination

(a) Construction or management of public structures, as stipulated in Paragraph 1 of Article 5 of the State Compensation Act, liability for damages occurred.