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1. Defendant B prosperity’s KRW 16,053,472 as well as 5% per annum from January 30, 2018 to July 8, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who has operated an English teaching school by leasing D apartment E-dong (hereinafter referred to as “instant commercial building”). Defendant C is a person who leased the instant commercial building G and operated a private teaching institute, and Defendant B B prosperity (hereinafter referred to as “Defendant B prosperity”) is an aggregate building management body of the instant commercial building, which is an aggregate building.
B. On January 29, 2018, the water pipe (hereinafter “instant pipe”) that passed on the ceiling of the instant shopping mall G was broken out, and the water level of the said G was turned out as if the water level was fluored, and the water level exceeded the floor flows out into the instant shopping mall F through a corridor, and the instant accident occurred (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap's 1 to 3, 30 evidence (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Request to the defendant prosperity;
A. Article 758(1) of the Civil Act provides that “When any damage is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure shall be liable for the damage. However, if the possessor fails to exercise due care necessary for the prevention of damage, he shall be liable for the damage.”
The legislative purport of the above provision is that a person who manages and owns a structure must pay attention necessary for the prevention of danger, and it is fair to impose liability on him/her in cases where damage occurs due to realization of risk.
Therefore, the term "defects in the installation and preservation of a structure" means a state in which a structure does not have safety ordinarily according to its intended purpose, and when determining whether such safety has been met, a person who installs and preserves the structure shall be in proportion to the risk of the structure.