1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. The Plaintiff’s assertion is a resident of Daegu Dong-gu B, 107 Dong-dong 301 (hereinafter “Plaintiff’s house”).

On April 16, 2013, the Defendant cleaned a water tank on the rooftop of the building B where the Plaintiff’s house was located, and the wastes generated from the cleaning did not cut down from the Plaintiff’s house to the Plaintiff’s house, and the Plaintiff’s house was flooded.

(hereinafter “instant accident”). Furthermore, in cleaning a rooftop water tank, the Defendant must notify the occupants of the risk of flooding in advance and to remove the smell-prevention dog, etc. installed in the apartment, and the Defendant was negligent in not doing so even though the Defendant should directly inspect the drainage equipment.

Therefore, the defendant must compensate for the above damages of the plaintiff.

2. Determination:

A. According to the statements in the evidence Nos. 13 and 14 of the person responsible for the occurrence of the instant accident, the Defendant may recognize the fact that the Defendant concluded a contract with C (mutual name D) without directly cleaning the water tank on the rooftop of the B building and had C conduct the said cleaning.

Article 757 of the Civil Act provides that “The contractor shall not be liable for the damages inflicted on a third person with respect to the work, except where the contractor has gross negligence on the contractor with respect to the contract or instruction.”

Therefore, in principle, the defendant is not liable for the accident of this case, and only when there is gross negligence on the part of the defendant with respect to the contract or instruction for C, the defendant is not liable for the accident of this case, and there is no assertion and proof as to the fact that the defendant was gross negligence on the part of the contract or instruction

B. The defendant did not directly inspect the drainage system without notifying the risk of inundation.