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(영문) 부산고등법원 (창원) 2017.04.20 2016나21684
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 50,310,487 against the Plaintiff and its related amount from April 25, 2015 to April 20, 2017 against the Defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal of the following matters. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) Of the judgment of the first instance court, the following shall be added to the fourth 10 of the judgment of the court of first instance, in full view of all the allegations and evidence added by this court: (a) the fact-finding of the first instance court and the occurrence of the liability for damages against the defendant; and (b) the addition to the following:

Although the Defendant asserts that wastewater and excellent calendars caused by defects in the public water pipes of this case are not the cause of the flood accident of this case, it can be sufficiently recognized in light of the above evidence, considering that the failure of drainage caused by defects in the public water pipes of this case was the cause of the flood accident of this case.

In addition, 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 a public structure causes damage, but also the defect in the construction or management of a public structure causes damage if the defect in the construction or management of a public structure becomes one of the joint causes even if another natural fact or a third party's act or the act of the injured party concurrently causes damage (see Supreme Court Decision 94Da32924, Nov. 22, 1994). Thus, even if the defect in the construction or management of a public structure causes or expands the flood of this case due to any defect in the building B, such as the defendant's assertion, it cannot be said that the defendant is not liable solely for such a defect.

3. Of the judgment of the court of first instance, the number of 5 pages 3 to 6 pages 15 are as follows.

A. In full view of the purport of the entire pleadings as a result of appraiser D’s appraisal of affirmative damage (facilities, apparatus, etc.), this case’s flood accident occurred.

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