1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with D, the owner of C Motor Vehicle (hereinafter “Plaintiff-Motor Vehicle”).

B. Around 10:40 on December 28, 2018, the Plaintiff’s driver parked the Plaintiff’s vehicle on the alleyway adjacent to the F Hospital located in Michuhol-gu Incheon, Michuhol-gu. From the outer wall of the building (hereinafter “instant building”) adjacent thereto, the Plaintiff’s vehicle was damaged by the Plaintiff’s vehicle away from the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

By February 1, 2019, the Plaintiff deducted the Plaintiff’s automobile repair cost, etc. from KRW 200,000,000, and paid KRW 7750,000 in total.

The Defendant is an insurance company that entered into a liability insurance contract with the owner of the instant building regarding liability for damages caused by defects in the building.

[Ground for recognition] Unsatisfy

2. Occurrence of liability;

A. The possessor of a structure shall be liable for damages if he/she inflicts damages on another person due to defects in the installation or preservation of a structure in the relevant legal doctrine.

(Article 758(1) of the Civil Act. On the other hand, if a signboard installed by a lessee of a part of a building falls down on the outer wall of the building and is injured by the pedestrian, the owner of the building shall be liable for damages under Article 758(1) of the Civil Act as the direct possessor of

B. (See Supreme Court Decision 2002Da65516 delivered on February 28, 2003).

Judgment

In light of the above facts and the relevant legal principles in light of the circumstances, such as the background of the accident of this case recognized as the above, concrete, and the parts of the building with no mound, it is reasonable to view that the accident of this case occurred far away from the wall due to defects that the building of this case did not have ordinary safety according to its use.

Therefore, the owner of the building of this case is obligated to compensate for damages pursuant to Article 758(1) of the Civil Act as the direct possessor of the outer wall of the building of this case, except in extenuating circumstances.