손해배상(기)
The judgment of the first instance court is modified as follows. A.
Defendant F Co., Ltd. shall be KRW 96,517,120, and Plaintiff B.
1. The reasoning for the court’s explanation on this part is that the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for the dismissal of some parts as follows, and thus, it is acceptable in accordance with the main sentence of Article 4
In attached Table 3 of the judgment of the court of first instance, the "autonomous management organization consisting of occupants" in the second sentence shall be deemed to be an association consisting of occupants, etc.
Part 3 of the judgment of the court of first instance, " was concluded" under Part 5 shall be "a housing manager who has concluded".
On April 4, 2016, the part 4 of the first instance judgment, “The leakage occurred from April 4, 2016,” in the part 2 of the second instance judgment, is considered as “A accepted by the Plaintiff as a result of water leakage on April 4, 2016.”
On the fourth page of the judgment of the court of first instance, the apartment of this case in the 10th place "the apartment of this case" shall be deemed to be "the household of this case and the apartment of this case".
Part 4 of the judgment of the first instance is "No. 15" in Part 13 as "No. 15, 16, 20, 21, 23 through 25 (including paper numbers)."
2. The plaintiffs' assertion
A. The Defendant’s council of occupants’ representatives has managed the valves of the apartment of this case, which is the section for common use through Defendant F. Although the Defendant’s council of occupants’ representatives maintained and managed a sprinkler, which is a fire-fighting system, was prohibited from doing any act, such as locking that may hinder the singler’s function and performance, it was in violation of this provision, ordering the Director of the Management Office I to lock the valves from October 20, 2017. Accordingly, the damage from the fire of this case was increased due to the instant fire since the singler installed in the instant household at the time of the instant fire.
This constitutes a case where there is a defect in the installation and preservation of the valve, which is a structure, and the council of occupants' representatives, as the possessor or owner of the valve of this case, is liable to compensate the plaintiffs for the damages caused by the fire of this case pursuant to Article 758 (1) of the Civil Act.
B. Defendant F shall raise an objection from the council of occupants' representatives.