1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. The Plaintiff asserted that industrial water was leaked to the site of the instant factory facilities for a long time through the instant water pipe managed by the Defendant, and thereby, the Plaintiff suffered damages, such as floor cracks and fall, due to the subsidence of the instant factory facilities.

Therefore, pursuant to Article 5 of the State Compensation Act, the Defendant is obliged to pay the Plaintiff KRW 92,400,000, which is the cost of repairing the above factory facilities, and damages for delay.

3. Determination

A. The liability due to the defect in the construction and management of the public structure under Article 5 of the State Compensation Act is strict liability, and the liability of the possessor of the public structure under Article 758 of the Civil Act is not stipulated otherwise. Thus, the State or local governments did not neglect to pay due attention for the prevention of the damage in cases where the damage was inflicted on another person due to the defect in the construction and management of the public structure.

such immunity may not be claimed.

An accident caused by a defect in the construction or management of a public structure does not mean only the defect in the construction or management of the public structure causes damage, but it is reasonable to interpret that the damage was caused by a defect in the construction or management of the public structure as long as the defect in the construction or management of the public structure causes damage, even if another natural event or a third party's act or in competition with the injured party's act.

(See Supreme Court Decision 94Da32924 delivered on November 22, 1994, etc.). B.

(1) The following circumstances are revealed in addition to the purport of the entire evidence revealed earlier. ① The instant water supply management officer, which was laid underground, was connected to the boundary of the instant land for factory, and ② the Defendant’s initial argument.