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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning of the court of first instance is as follows, with the exception that "only considering the payment of the amount of KRW 10 million" in Section 6 and Section 7 of the first instance judgment is deemed to be "only taking into account the payment of the amount of KRW 10 million", and thus, it is identical to the ground of the first instance judgment, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion 1) The Defendant is in the position of occupying, owning, and managing the instant fish plantation and drainage channel. 2) In the process of draining wastewater and seawater discharged from the instant fish farm through the instant drainage channel, damage was inflicted on the incombustible trees cultivated in the area of 5,299 square meters and 647 square meters prior to D, and (4) damage was inflicted on the rice plantation cultivated in the area of 2,860 square meters in the F Miscellaneous land, and thus, the Defendant is liable for compensation for the damage suffered by the Plaintiff due to the defect in the installation or preservation of structures pursuant to Article 758 of the Civil Act.
B. Determination 1) Defect in the installation and preservation of a structure refers to a state in which a structure does not have safety ordinarily in accordance with its intended purpose. The installation and preservation of the structure does not have high level of safety to the extent that it is always maintained in a state of complete maintenance. Thus, the degree of duty to take protective measures to the installer and the installation of the structure is to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 91Da37652, Apr. 24, 1992).
or due to the defect of the above aquaculture and the drainage channel.