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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
가. 원고는 A 차량 및 B 차량(이하 ‘원고 차량들’이라 한다)에 관하여 각 자동차보험계약을 체결한 보험자이고, 피고는 충주시 금가면 유송리 소재 우륵대교(이하 ‘이 사건 교량’이라 한다)의 관리자이다.
B. On October 24, 2017, around 07:40 on the same day and around 07:50 on the same day, the drivers of the Plaintiff’s vehicles driven the Plaintiff’s respective vehicles, driving the instant bridge on a gold-side surface from the water security room to the water protection zone. As the panel on the part of the connecting part of the instant bridge protruding out, there was an accident that the Plaintiff’s strings of the instant bridge and the parts of the body were destroyed and damaged (hereinafter “instant accident”).
C. By November 13, 2017, the Plaintiff paid the insurance proceeds of KRW 1,252,000 in total with the repair cost of the Plaintiff’s vehicle (= KRW 768,000).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 4, and the purport of the whole pleadings
2. The parties' assertion
A. The accident of this case occurred due to defects in the construction and management of the bridge of this case, which is a public structure, caused by the Defendant’s failure to properly maintain and manage the bridge of this case and neglected to construct and manage the bridge of this case. Thus, the Defendant is obligated to pay the amount equivalent to the repair cost paid by the Plaintiff, who acquired the claim
B. The Defendant faithfully performed the duty of maintaining and managing the instant bridge, and it is impossible to manage the connecting part of the instant bridge completely with the complete decision, and the Defendant was unable to anticipate or avoid the instant accident, and thus, it cannot be deemed that there was a defect in the construction and management of the public structure. In the occurrence of the instant accident, the Plaintiff’s driver’s negligence should also be considered in the occurrence of the instant accident.
3. Determination
A. Article 5 of the State Compensation Act.