The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

In fact, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A to September 4, 2015 with respect to B vehicles (hereinafter referred to as “Plaintiff vehicles”) with the coverage period from September 4, 2015 to September 4, 2016.

The defendant is the possession manager of the road in front of the Dongdong-dong Apartment apartment (hereinafter referred to as the "road in this case") in Ysan-si.

Plaintiff

On August 3, 2016, the vehicle was parked in the parking zone of the instant road on August 17:10, 2016 (hereinafter “instant accident”). Around August 12, 2016, the Plaintiff paid KRW 14,720,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] A, entry of Gap evidence Nos. 1 through 6 and 7, assertion of the purport of the entire pleadings, and Plaintiff’s assertion that the instant accident occurred due to the Defendant’s neglect to restore the water supply station of the instant road promptly or control the vehicle.

Therefore, the Defendant is liable for compensating for damages caused by the instant accident, and the Plaintiff, the insurer of the Plaintiff’s vehicle, exempted the Defendant from liability by paying the insurance proceeds of KRW 14,720,000. Therefore, the Defendant is obligated to pay KRW 14,720,000 to the Plaintiff.

Judgment

The defect in the construction or management of a public structure under Article 5 (1) of the State Compensation Act refers to the defect in the construction or management of the public structure in a state where the public structure is not in a state of safety ordinarily required to have in accordance with its use: Provided, That it cannot be said that there is a defect in the construction or management of the public structure merely because the public structure is not in a state of completeness

In determining whether the above safety has been established, a construction manager shall generally take into account all the circumstances, such as the purpose of the public structure in question, the current status of the installation site, and the situation of the use thereof, in proportion to the danger of the public structure.