A. The Plaintiff leased the building 503 on the 6th floor in Ulsan-gu, Ulsan-gu, the Defendant owned (hereinafter “instant building”) and resided from October 1, 2014 to September 30, 2015.

B. On August 25, 2015, the occurrence of an accident (hereinafter “instant accident”) involving the window installed on the stairs up to the fourth to fifth floor of the instant building (hereinafter “instant window”) with the impact of typhoon sturst, and a large number of glass waves fall short, which led to the occurrence of an accident falling into the upper part of the instant building’s parking lot (hereinafter “instant vehicle”).

[Ground of recognition] Unsatisfy, Gap evidence 4-1 to 36, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant who owned and managed the Plaintiff’s building of this case was obligated to take protective measures to prevent the window of this case from being destroyed by a strong wind, etc., but failed to do so due to the defect in the construction or preservation of the building of this case, and thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the accident of this case.

B. The defendant's accident of this case is an unexpected natural disaster due to force majeure, and the defendant is not liable as the owner of the structure.

3. Determination

A. We examine the occurrence of liability for damages, and the defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety requirements are met, it shall be determined on the basis of whether the installer and the preservation of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(see, e.g., Supreme Court Decision 2008Da61615, Feb. 11, 2010). The instant accident is an accident.