손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid.
1. The reasoning of this court’s explanation is as stated in the reasoning of the judgment of the first instance except for the dismissal or addition as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(except for the portion limited to co-defendants of the first instance trial). 2. Scrapping or adding
A. The following is added to the fourth instance judgment following the first instance judgment.
(C) As to this, the Defendant is liable for the primary damages of C as the possessor of a stringr. The Defendant is the owner of the stringr, and the Defendant is liable for secondary damages only when the said company failed to exercise due diligence necessary to prevent damages. As long as the above company’s liability was acknowledged in the first instance judgment, the Defendant is not liable for any defects in the installation or preservation of a structure. The possessor of a structure under Article 758(1) of the Civil Act refers to a person who is responsible for the repair and management of a structure in order to prevent various accidents that may arise from defects in the installation or preservation of a structure (see, e.g., Supreme Court Decision 200Da386, Apr. 21, 200). Meanwhile, the possessor’s assistant is a person who actually controls an object under the direction of another person through a business and other similar relationship (see, e.g., Article 195 of the Civil Act). In this case, the relationship between business is general under an employment contract, and is deemed as one of another person under comprehensive interpretation.