손해배상(자)
Among the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.
The defendant shall make the plaintiff 12,662.
1. Facts of recognition;
A. The plaintiff is the tenant of Busan Shipping Complex B apartment (hereinafter "the apartment of this case"), and the defendant is the council of occupants' representatives of the apartment of this case.
B. From March 8, 2017, the Plaintiff used DbenzE200 Gabre vehicle (hereinafter “Plaintiff”) from C Co., Ltd. by leasing it, and acquired it on March 11, 2020.
C. On August 23, 2018, around 20:00, the Plaintiff parked the Plaintiff’s vehicle at the parking lot of the first floor of the instant apartment. On that day, at night, there was an accident where part of the spanty pande “spande”, which was used as the interior string of the first floor parking lot due to the influence of the typhoon fluoring character in the Busan area, was faced with the Plaintiff’s vehicle (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, images of Gap evidence Nos. 1 through 15, 35, and the purport of the whole pleadings
2. The parties' assertion
A. The instant accident by the Plaintiff was destroyed by multiple parts, such as the front and rear pans, and Bods in front of the Plaintiff vehicle.
Since the Defendant, who manages the apartment of this case, neglected to manage the apartment of this case, did not fulfill his duty to take protective measures, the Defendant is liable to compensate the Plaintiff as an occupant of the structure for damages.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 12,62,769, totaling KRW 10,212,769, and KRW 2,450,00,00 for the repair period, as well as damages for delay.
B. At the time of the instant accident, the owner of the Plaintiff’s vehicle is C Co., Ltd., and the damaged part of the Plaintiff’s vehicle was not caused by the instant accident, and the Plaintiff cannot claim damages against the Defendant regarding the Plaintiff’s vehicle.
Even if the plaintiff can claim damages against the defendant, the defendant should be exempted from liability because the accident of this case constitutes force majeure accident caused by natural disaster, which occurred due to the influence of typhoon character.
or part of the defendant.