구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C Co., Ltd. with respect to D vehicles (hereinafter “instant vehicle”).
The defendant is an organization responsible for the installation, preservation, and management of structures within the Busan Seo-gu B apartment complex (hereinafter referred to as "the apartment of this case").
B. On October 6, 2018, around 11:00, a strong wind caused by typhoons, bean industry, and there was an accident that damages the steering gate, etc. of the instant vehicle that was parked in the parking due to the fall of the ice Magro on the roof of the instant apartment roof (hereinafter “instant accident”).
C. On November 27, 2018, the Plaintiff paid KRW 777,000 as repair cost to an enterprise that repaired the instant vehicle.
[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5, purport of whole pleading
2. Determination
A. The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act, which recognizes one liability for damages, refers to a situation in which a structure does not have safety ordinarily according to its use. In determining whether such safety has been secured, it shall be based on whether the installer or keeper 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.
In addition, the burden of proof of the existence of the defect is the victim, but unless it is recognized that there is a defect, the other natural facts are concurrent in the occurrence of the loss, even if it was caused by force majeure of a natural disaster, and it was inevitable even if there was no such a defect, it shall be interpreted that the damage was caused by the defect in the installation or preservation of a structure unless it is proved by the owner or possessor of a structure.