손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and the appeal shall be 1.
1. The reasoning for this part of the facts is as follows, except for the modification, addition, and deletion as follows, Article 420 of the Civil Procedure Act). Section 1-A of the judgment of the court of first instance is an aggregate building subject to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) for the second underground floor and the seventh floor building constructed on the H of Daegu Jung-gu (hereinafter “instant building”).
The Plaintiff is a person operating a bath with the trade name “E Ba” on the third floor of the instant building (hereinafter “E Ba”), and the Defendant is operating a bath with the trade name of “F Bana” (hereinafter “F Bana”), among approximately 1,325 square meters of the fourth floor of the instant building 2,331.84 square meters, on the fourth floor of the instant building.
The amendment is made to “.....”
The second instance judgment No. 1. 7 of the second instance judgment added “the instant accident” to “the occurrence” (hereinafter “the instant accident”).
Part 5 of the judgment of the first instance is deleted. Part 1 to 3 parallels. Part 5 of the judgment of the court of first instance is deleted, and each entry in the evidence of subparagraphs 1 through 3 is modified as “each entry in the evidence of subparagraphs 1 and 2” of the same Table 4 below.
2. Determination
A. (1) Comprehensively taking into account the facts acknowledged earlier, the existence of liability for damages: (a) was in the condition that the instant 4th floor machinery rooms, washing rooms, and outer balconys, etc. were in the absence of safety ordinarily required for their use.
It is reasonable to see that ① the instant accident occurred due to the competition between rupture and flood control floors of the fourth floor, washing rooms, and non-refluent concrete and water tanks of the outer balcony floor of the instant building, which lack structural capabilities of the fourth floor with the load of water tanks, etc., and the cracks, waterproof floors, the damage of the outer balcony, and the fire extinguishing of the outer balcony.
Therefore, the instant accident occurred due to defects in the installation or preservation of the fourth floor machinery rooms, washing rooms, external balconys, etc. on the ground of the instant building.