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1. The Defendant’s KRW 10,153,00 to the Plaintiffs and 5% per annum from July 31, 2019 to March 9, 2021.
Reasons
1. Basic facts
A. (1) Plaintiff A is the representative of an agricultural management body located in Pyeongtaek-gun, Gyeonggi-do, and Plaintiff B and Plaintiff C are the farmers of the above agricultural management body, respectively, and Plaintiff C registered the livestock breeding business on July 11, 2019.
2) Plaintiff B is the owner of the area of 3,185 square meters in Gyeonggi-do Frith (hereinafter “Fri”), G, and the Plaintiffs jointly operate salt breeding facilities and storage facilities and livestock raising business on G’s land ( Plaintiff A and B are married with the Plaintiff, and Plaintiff C is the said Plaintiffs’ children). B. The Defendant is the owner of a stone shed of 1,313 square meters adjacent to G’s land. The Defendant was the owner of a stone shed of H scale 1,313 square meters adjacent to G’s land. The instant stone shed installed on July 31, 2019 (hereinafter “the instant stone shed”) destroyed the facilities, storage facilities, and fences on G’s ground ground ground salt raising facilities and fences. The instant accident was also damaged (hereinafter “accident”).
On October 15, 2019, the defendant paid 3,080,000 won to I at the request of the plaintiffs to repair fences.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 through 4, Gap evidence Nos. 6, Eul evidence Nos. 2 (including numbers), Gap evidence Nos. 5-1 through 7, the purport of the whole pleadings
2. Article 758(1) of the Civil Act, in which liability for damages has arisen, is liable to compensate for the damages if the possessor of a structure has inflicted damages on another person due to a defect in the installation or preservation of a structure.
However, if the possessor fails to pay due attention necessary for the prevention of damage, the owner is liable for compensation for the damage.
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The legislative intent of the above provision is that the manager of a structure must pay attention necessary for the prevention of danger, and that it is fair to impose liability on him in the event of damages caused by realization of risks.