Of the judgment of the first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

1. Basic facts

A. The plaintiff is the tenant of B apartment house located in Sipocheon-si (hereinafter "the apartment of this case"), and the defendant is the representative meeting of the tenant of the apartment of this case.

B. On September 7, 2019, the Plaintiff parked Croman car (hereinafter “Plaintiff’s vehicle”) owned by the Plaintiff on the ground of the instant apartment site. However, due to the typhooning around 14:00 on the same day, the Plaintiff’s steel structure on the apartment roof of this case fell into the Plaintiff’s vehicle and the Plaintiff’s vehicle was damaged (hereinafter “the instant accident”).

(c)

The Plaintiff spent KRW 9,918,480 as the repair cost of the Plaintiff’s vehicle due to the instant accident, and paid KRW 770,000 as the repair cost during the repair period.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to maintain, repair, and manage the common area of the instant apartment, and the instant accident was caused by the Defendant’s negligence in managing the instant apartment structure, which is the common area, and thus, the Defendant is liable to compensate the Plaintiff for damages.

Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 10,688,480 (= KRW 9,918,480) for the Plaintiff’s automobile repair cost and KRW 770,00 for the repair period and KRW 770,00 for the repair period (= KRW 9,918,480) and damages for delay.

B. The defendant fulfilled his duty of care as a good manager in managing the apartment structure, etc. of this case, and the accident of this case occurred both with the natural disaster that is a typhoon and the plaintiff's negligence, so the defendant is not liable for damages against the plaintiff.

3. Determination

A. The defect in the installation and preservation of the structure as stipulated in Article 758(1) of the Civil Act, which caused the liability for damages, is ordinarily the structure’s use.