Text
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants reside in the Suwon-gu Igra (hereinafter “instant Dogra”) in Busan, and the Plaintiff and the Defendants reside in the instant Dogra.
B. From September 2016, water leakage occurred from around 2016 to the first floor parking lot. This led to the accumulation of sewage sludge due to the negligence in the construction of the public pipe part of the instant lending, which led to the elimination of water leakage.
C. The Plaintiff parked his J vehicle (hereinafter “instant vehicle”) on his parking lot of the instant Ba, and due to such leakage, the instant vehicle was damaged (hereinafter “instant accident”) due to the occurrence of an accident involving the damage of the instant vehicle (hereinafter “instant accident”), and the cost of KRW 1,767,313 was incurred to repair the instant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the Defendants are jointly and severally liable for damages arising out of the instant accident, excluding 1/8, the part bearing the Plaintiff’s liability, among the damages suffered by the Plaintiff due to the instant accident, pursuant to the liability of the possessor and the owner of the structure under Article 758(1) of the Civil Act.
B. The following circumstances acknowledged prior to the limitation of liability for damages and the purport of the entire pleadings, i.e., ① the Plaintiff, like the Defendants, was well aware of the fact that water leakage occurs in the first floor parking lot by being in charge of the occupants’ general duties at the time when water leakage occurs, as well as the Plaintiff, as the Defendants, at the time of the occurrence of the instant water leakage. ② If the Plaintiff’s trace of water leakage caused by water leakage, which appears at the location of the Plaintiff’s assertion that parked the instant vehicle at the time of the instant accident, it appears that water leakage frequently occurred in the relevant parking zone. ③ The instant lending