1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff concluded a comprehensive automobile insurance contract with the content that B bears the liability for damages to a third party in connection with the operation of the vehicle, on behalf of the said third party, for the instant automobile, which is the RV vehicle owned by B (hereinafter “instant automobile”).

The defendant is a management body comprised of all sectional owners of the “A” officetel building.

B. B, at the latest night on August 31, 2014, visited the friendship in Atel located in Nam-gu Incheon Metropolitan City, and asked the resident-friendly Gu to use the mechanical parking machine of the said officetel attached thereto, and then parked the instant vehicle in the said mixed parking box by asking the method of using the mechanical parking machine of the said officetel attached thereto.

B At around 08:00 the following day, while operating a mechanical parking machine at the mixed parking zone and waiting for the vehicle in order to take off the instant vehicle, there was an accident of shocking the instant vehicle, which was parked next to the parking zone while getting off the vehicle inside the parking zone and was parked next to it (hereinafter “instant accident”).

C. On November 5, 2014, the Plaintiff, as the insurer B, paid KRW 3,362,00 to the owner of the E-car at its repair cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion occurred due to fault and negligence in management due to defects in mechanical parking equipment in the parking zone managed by the Defendant. Thus, the Defendant, as the possessor of the instant parking zone, is liable to compensate for damages suffered by a third party due to defects in the installation and preservation of the parking zone.

The plaintiff asserts that as the insurer B is the owner of the E-car, B is acting on behalf of the defendant for the damage claim against the defendant.

B. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act, which is determined, is the purpose of the structure.