손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Both arguments in the trial of acceptance of the judgment of the court of first instance do not differ significantly from the judgment of the court of first instance, and a thorough examination of the evidence and arguments submitted by both parties in the trial of first instance is recognized as legitimate.
Therefore, the reasoning for this Court’s explanation concerning the instant case is cited by the main text of Article 420 of the Civil Procedure Act except for the following determination as to the assertion added or emphasized by the Plaintiff in this court.
2. Additional determination
A. The Defendant, as the owner of the Defendant building, is liable to compensate the Plaintiff for damages in accordance with Article 758 of the Civil Act, inasmuch as the Plaintiff incurred damages due to the defect in the Defendant building.
B. Considering a concrete determination, “defect in the installation and preservation of a structure” under Article 758(1) of the Civil Act refers to the state where a structure fails to meet the ordinary safety requirements according to its use (see Supreme Court Decision 2008Da61615, Feb. 11, 2010). The Plaintiff’s defect alleged by the Plaintiff was negligent in taking measures to prevent damage to adjacent buildings at the time of the instant construction, and this does not mean that the Defendant’s building did not have any safety requirements to be equipped.
In addition, Article 758 of the Civil Code provides that the possessor of a structure shall be liable for damages if he/she causes damages to another person due to a defect in the installation or preservation of a structure, and the possessor shall be liable for damages if he/she fails to exercise due care for the prevention of damages.
Although the Plaintiff had taken measures to prevent damage to adjacent buildings at the time of the instant construction, the Plaintiff neglected such measures and neglected to do so.