The meaning of "the defect in the installation and maintenance of a structure"

The term "defect in the installation and preservation of a structure" means that a structure lacks safety to be equipped with the original structure according to its intended purpose, and the safety to be equipped with the original structure refers to the safety required in a situation where the structure is installed and used actually, not only for the original purpose of the structure itself.

Article 758 of the Civil Act

Plaintiff 1 and 1 others, Counsel for the plaintiff-appellee-appellant

Defendant-Appellee, Kim Jong-chul, Counsel for the defendant-appellant

Seoul High Court Decision 86Na1730 delivered on February 24, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

1. We examine the first ground for appeal by the defendant's attorney.

The defects in the installation and preservation of a structure refer to the lack of safety which the structure has to have in its original use. Here, the safety which is to have in effect means the safety required in a situation where the structure is installed and used actually, not only for the original use of the structure itself.

According to the facts duly established by the court below, the structure in which the accident in this case occurred is the water obtained from the edge of the floor of the second floor of the indoor golf course, and there is a danger that a person who conducts golf practice is misleading and taken part in the extension of the floor of the second floor. In light of such installation circumstances, the above water receiving facilities should not be mistaken for the extension of the floor of the second floor, or should not be mistaken for the extension of the floor of the second floor. However, even though the above water receiving facilities should not be mistaken for the extension of the second floor, the safety should be secured in that they do not reach this point. Thus, it cannot be viewed that the water receiving facilities which prevent rainwater from falling, such as theory, are equipped with the completeness of the construction and preservation of the structure, and it cannot be viewed that they have the safety of the construction itself. Therefore, there is no reason to argue that the court below erred by misapprehending the legal principles

2. We examine the second ground for appeal.

Upon examining the record, it is reasonable for the court below to resist the plaintiffs' claims until the judgment of the court of first instance is rendered, but the subsequent disputes are not reasonable, and there is no violation of law such as the theory of appeal, which orders the payment of damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. We examine the ground of appeal No. 3.

Examining the evidence admitted by the court below in light of the records, it is clear that the court below recognized that the remuneration that Plaintiff 1 participated in the actual management with the fact that it is the chairperson as the owner of Samsung Printedcraft was equivalent to an average of KRW 1,500,000 per month, among the business income of the above corporation, was paid as compensation for the management ability and labor as the chairperson. Thus, it is obvious that the above plaintiff was paid as compensation for the business income of the above corporation. Therefore, it is not reasonable to argue that the court below's failure to calculate the income from the above plaintiff's contribution based on the premise that the above total remuneration is the business income is

In addition, the comparative negligence ratio recognized by the judgment of the court below is just and it does not seem contrary to justice and equity such as the theory of lawsuit, and therefore there is no reason to present this point.

4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)