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(영문) 광주고등법원 2017.08.30 2016나13597

손해배상(기)

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as stated in the corresponding part of the judgment of the first instance, except where a “or video” is added after the third and fifth “each description” of the judgment of the first instance.

2. The court's explanation of this part of the parties' assertion is the same as the corresponding part of the judgment of the first instance.

3. Determination

A. In full view of the following circumstances, the Plaintiff A’s claim for damages (related to the collapse of the building of this case), and the entire purport of the arguments as seen earlier, comprehensively taking account of the following circumstances, the building of this case is highly likely to collapse because internal factors, such as vulnerable structure, old age, etc., and external factors, such as typhoons, and tidal waves, are combined with each other, and thus, the evidence submitted by the Plaintiffs alone is difficult to readily conclude that the Defendant’s act of closing the existing drainage and not installing the alternative drainage was the cause of the collapse of the building of this case, and there is no other evidence to prove otherwise.

1) The instant building was constructed with the same structure as that listed in the separate sheet No. 4, and built a wooden roof with cement brick without columns. Unlike the building listed in paragraph 4 of the separate sheet No. 4 that does not collapse, there was no drainage channel that flows underground through the lower part of the part where rainwater is installed. Moreover, the instant building was constructed in 194 after five years from around August 2012 when the Plaintiff was collapsed around August 25, 2012 and around August 30, 2012 and around 30 meters from the date of the collapse, and there was no drainage channel that flows underground through the lower part of the part where rainwater is installed. The instant building was accompanied by a typhoon in Korea (hereinafter referred to as the instant typhoon) with the strong winding area corresponding to the strong winding area of at least 30 meters per hour and the strong winding area of at least 518 meters per hour.

at the time;