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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. The reasons why this Court is used for this part of the basic facts are as follows: “Defendant Gosung-gun” is “Codefendant in the first instance trial,” and “Defendant A” is the same as the part of “1. Basic Facts” in the reasoning of the judgment of the first instance, except for the fact that “Defendant Gosung-gun” is dismissed as “Defendant Gosung-gun” and “Defendant A” as “Defendant”. Accordingly, it is acceptable in accordance with the main
2. The assertion and judgment
A. The grounds for use of this part of the Plaintiff’s assertion are as stated in the corresponding part of the reasoning of the judgment of the first instance (from No. 4 of the judgment of the first instance to No. 5 of the first instance to No. 8), except where “Defendant A” is referred to as “Defendant A”, and such part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. Determination 1) Determination on the liability of Article 758 of the Civil Act refers to a defect in the installation or preservation of a structure under Article 758(1) of the Civil Act, which is in a state of failing to meet normal safety requirements depending on its use. In determining whether such safety requirements are met, it shall be based on whether the installer or custodian of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 2013Da1921, May 23, 2013). Furthermore, an accident caused by a defect in the installation or maintenance of a structure does not refer only to a case where only the defect in the installation or maintenance of the structure causes the occurrence of the occurrence of the damage. As long as the defect in the installation or preservation of the structure becomes one of the common causes of the accident, damage caused by an accident is deemed to have occurred due to the defect in the installation or preservation of the structure (see, e.g., Supreme Court Decision 2009Da13434.