(hereinafter “instant accident”). The Defendant is a person who manages and occupies the lids from the above low pressure connection, and is liable to compensate the Plaintiff for the damages incurred by the Plaintiff pursuant to Article 758(1) of the Civil Act.

2. Determination

A. (1) Defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act refers to a state in which a structure fails to meet the safety requirements ordinarily required for its use. In determining whether such safety requirements are met, the determination shall be based on whether the installer and custodian 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.

(See Supreme Court Decision 2013Da1921 Decided May 23, 2013). As long as the management defect is recognized, a person in charge of the possession of a road may be exempted from the liability only if he/she asserts and proves that the defect was caused by force majeure or did not neglect due care necessary for the prevention of damage.

(See Supreme Court Decision 2007Da29287 Decided March 13, 2008). An accident resulting from a defect in the installation or preservation of a structure refers to only a defect in the installation or preservation of a structure, which causes the occurrence of only the defect. As long as a defect in the installation or preservation of a structure becomes one of the common causes of the accident, the damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a structure.

(2) On February 12, 2015, with respect to the existence of defects, health room, witness C’s testimony, the result of this court’s multi-mediate data verification and the whole pleadings.