1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim against the defendant-appellant is dismissed.

3. The plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C vehicle (hereinafter “Plaintiff”), and the Defendant number intervenor is the management body of the building D on the ground of Mapo-gu, Changwon-si (hereinafter “instant building”).

B. While the Plaintiff’s vehicle was parked in front of the instant building, the front glass and the Bods were damaged.

C. On November 30, 2017, the Plaintiff paid KRW 3,370,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, and purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s cause of the claim is a simple seal from the bend of the instant building, and the Plaintiff’s vehicle was damaged, the Defendant or the Defendant’s Intervenor is liable to compensate for the said damage pursuant to Article 758 of the Civil Act.

Therefore, the Defendant or the Defendant’s Intervenor is obligated to pay KRW 3,370,000 to the Plaintiff who acquired the right to claim damages against the Defendant by the Plaintiff’s driver pursuant to Article 682 of the Commercial Act.

B. Article 758(1) of the Civil Act provides, “In the event a loss is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure is liable to compensate for the loss. However, if the possessor fails to exercise due care necessary for the prevention of the loss, the owner shall be liable to compensate for the loss.”

The legislative purport of the above provision is that a person who manages and owns a structure must pay attention necessary for the prevention of danger, and it is fair to impose liability on him/her in cases where damage occurs due to realization of risk.

Therefore, the term "defect in the installation and preservation of a structure" refers to a structure in a state where it is not equipped with safety ordinarily according to its use, and when determining whether such safety has been met, the structure in question.