[구상금][미간행]
Whether the owner of a structure is liable for damages in a case where the direct occupant of a structure or a person who is deemed to be in the same position as the lessee of the structure has suffered damages due to a defect in the installation or preservation of the structure (affirmative)
Article 758 of the Civil Act
Supreme Court Decision 88Meu1121 delivered on March 14, 1989 (Gong1989, 606) Supreme Court Decision 92Da31668 delivered on February 9, 1993 (Gong1993Sang, 944) Supreme Court Decision 93Da40560 Delivered on November 9, 1993 (Gong194Sang, 89)
Korea Labor Welfare Corporation
Busan Co., Ltd.
Seoul High Court Decision 2007Na48389 decided January 31, 2008
The judgment below is reversed and the case is remanded to Seoul High Court.
We examine the grounds of appeal.
1. As to the third ground for appeal
If any damage is inflicted on another person due to a defect in the installation or preservation of a structure, the possessor of the structure shall be liable for damages first, and the possessor of the structure shall be liable for damages secondly unless the possessor fails to exercise due care necessary for the prevention of damage. However, if the possessor directly, who is the lessee of the structure, or a person in the same position, suffers damage due to a defect in the installation or preservation of the structure, the owner is liable for damages. In this case, even if the victim was negligent in the preservation of the structure, it is merely the ground for offsetting negligence (see Supreme Court Decision 93Da40560 delivered on November 9, 1993, etc.).
In full view of the admitted evidence, the court below concluded a contract with the owner of the building of this case to rent other workers necessary for the new construction site of the building of this case on November 29, 2003, the owner of the building of this case was not 46-1 of Guro-gu, Seoul, and the owner of the building of this case, and the owner of the new construction site of this case was not able to recover from Hansung Fran, Co., Ltd. (hereinafter referred to as " Hansung"), and the owner of the building of this case's new construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's construction site of this case's 7th, 2009.
2. Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Young-ran (Presiding Justice)