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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.
Reasons
1. The reasoning of the judgment of the court of first instance, excluding the conclusion with respect to this case, is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as set forth in the following paragraph (2). Thus, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act
2.The following shall be added between 5, 9 and 10, 5, 5 and 10, 500, 5 and 10, 500, 5 and 10
“Defect in the construction or maintenance of a structure” under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet the ordinary safety requirements according to its use. In determining whether such safety requirements are met, it shall be determined on the basis of whether the installer or keeper of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
In addition, an accident caused by a defect in the installation or maintenance of a structure does not mean only the defect in the installation or maintenance of a structure causes a loss, but as long as the defect in the installation or maintenance of a structure becomes one of the joint causes of the accident, the damage caused by an accident shall be deemed to have occurred due to the defect in the installation or maintenance of a structure.
In addition, as long as the existence of a defect is proved to be the victim, it is reasonable to interpret that the damage was caused by the defect in the installation or preservation of a structure, unless it is proved by the owner or possessor of the structure that the other natural facts were caused by force majeure of a natural disaster and that it was inevitable even if there was no such defect. The possessor or possessor of the structure and the owner of the structure, regardless of the existence of the negligence.