1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant Republic of Korea is the following:

National highways 48 lines managers, which are roads where the accidents described in paragraph (1) occurred, and the defendant strengthening group is the manager of the man-many constructed with the permission to occupy and use the above roads from the defendant Republic of Korea to be laid underground as sewage pipes.

B. On August 6, 2013, at around 12:25, the Plaintiff’s vehicle passed the front door of the third-lane road in front of the office building located in the Incheon Strengthening-gun, Incheon, while going straight along the third-lanes in front of the office building located in the office building located in the Incheon Strengthening-gun, the Plaintiff’s vehicle passed the front door while opening the third-lane lids and passed the front door, and there was an accident that causes damage to the lower part of the Plaintiff’s vehicle, such as wheelchairs and wheelchairs, etc. (hereinafter “instant accident”).

C. By November 29, 2016, the Plaintiff paid KRW 8,600,000 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The defect in the construction and management of the public structure under Article 5 of the State Compensation Act refers to the defect in the construction and management of the public structure in the state where the public structure itself does not have safety requirements. The liability due to the defect in the construction and management of the public structure under Article 5 of the State Compensation Act is strict, and the liability due to the defect in the construction and management of the public structure under Article 758 of the Civil Act is not stipulated differently from the liability of the possessor of the public structure under Article 758 of the Civil Act. Thus, the State or the local government did not neglect to pay due attention to the prevention of the damage in the case where it causes damage to another person

subsection (3) of this section.

(See Supreme Court Decision 94Da32924 delivered on November 22, 1994, etc.). Also, the Civil Act is applicable.