1. The Defendant’s KRW 98,769,343 as well as 5% per annum from April 3, 2017 to November 22, 2018 to the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that operates the hospital in the name of “Finviation” in the name of “E (hereinafter referred to as “Plaintiff shopping mall”) among the Daejeon Seo-gu D’s ground buildings (hereinafter “instant building”). The Defendant is a company that leases the fourth floor of the instant building in the name of “G” and operates a compounding land in the name of “G”.

B. On April 2, 2017, around the 4th floor of the instant building, there was an accident in which sewage, food wastes, etc. are accumulated in the ceiling of the Plaintiff shopping mall by blocking the drainage pipe of the fourth floor of the instant building (hereinafter “instant water leakage accident”).

[Reasons for Recognition: Facts without dispute, Gap evidence 1 and 2 (including paper numbers), appraiser H's appraisal results (including response to a request for supplementation of appraisal), the purport of the whole pleadings]

2. According to the facts found above, the Defendant, as the possessor of the fourth floor of the instant building, is liable to compensate the Plaintiff for damages caused by the defective installation or preservation of the structure, barring any special circumstances.

The defendant does not have the responsibility for remuneration and management of the water pipe for the fourth floor at issue, while disputing the purport that the owner of the fourth floor of the building at issue is responsible for the lessor, but in full view of the appraisal result (including the response for appraisal supplementation) of appraiser H, at the time of the construction of the building at issue, the sewage pipe was treated as a part of the corridor in the corridor (after the construction of the building at issue, it is permitted to be used by connecting it with the necessity of the upper floor). The defendant, the user of the fourth floor, who is the user of the fourth floor, additionally connects two vertical pipes to the third floor, the fourth floor, the main unit is connected to the main underground revision, and the main unit is not connected with the drain pipe (in a location different from the drain pipe connected to the design drawing), and the causes of water leakage, etc. were discharged by the defendant through the non-construction connecting with the non-construction connecting with the water discharged from the fourth floor.