손해배상(기)
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. Article 758(1) of the Civil Act provides, “If a loss is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure shall be liable to compensate for the loss: Provided, That if the possessor does not neglect due care necessary for the prevention of loss, the owner thereof shall be liable to compensate for the loss.”
The legislative intent of the above provision is that a person who manages and owns a structure must pay attention necessary for the prevention of danger, and it is fair to impose liability on him/her in cases where damage occurs due to the realization of risk.
Therefore, “defect in the installation and preservation of a structure” refers to a state in which a structure does not have safety ordinarily according to its intended purpose. Determination of whether such safety requirements are met should be made based on whether the installer and custodian of the structure fulfilled their duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
(2) In light of the aforementioned legal principles and legislative purport, and the standards for determining the defect in the installation and preservation of a structure, etc., even if a certain damage was incurred due to a defect in a structure, if the damage did not occur due to a realization of the risks associated with the defect in the structure, it cannot be deemed as “damage caused by a defect in the installation or preservation of a structure”.
2. According to the records, the plaintiffs are the owners and occupants of the temporary structure of this case who failed to properly install and manage the temporary structure of this case and caused the accident of this case. Accordingly, the plaintiffs suffered mental suffering due to their failure to be supplied with tap water, thereby compensating the defendant for damages pursuant to the structure liability of Article 758(1) of the Civil Act.