1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and interest rate of KRW 15% per annum from February 23, 2017 to the date of full payment.

1. Basic facts

A. The Plaintiff is a person who operated a restaurant under the trade name of “G” in Sungnam-si, Seongbuk-gu, Sungnam-si (hereinafter “instant commercial building”). Around July 2015, the Defendant leased the instant commercial building I (hereinafter “Defendant shop”) which is owned by H from H (hereinafter “Defendant shop”) and operated a restaurant under the trade name of “J”.

B. On July 2016, the wall and floor of the instant store K-ho shop (real estate), the wall and floor of the Plaintiff’s store, the wall and floor of the Plaintiff’s store’s opposite to the Plaintiff store, which were flooded each by water around September 2016 (hereinafter “the instant water leakage”), and the water leakage of the instant case was damaged by the water control, which was installed at the Defendant’s store.

(The location of each of the above stores is as indicated in the separate placement plan). [The position of each of the stores is as indicated in the separate placement plan] / [the ground for recognition] without dispute, each entry in Gap 1 through 3, 5, Eul 1 and 2, appraiser M and N, the result of each appraisal by appraiser M and N, the result of each fact-finding reply to M and N (as of March 26, 2018), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The former part of Article 758(1) of the Civil Act provides that “When a possessor causes damage to another person due to a defect in the construction or preservation of a structure, the possessor of the structure shall be liable to compensate for the damage.” The latter part of the same Article provides that “However, the possessor shall be liable to compensate for the damage if he/she fails to exercise due care to prevent the damage.”

Therefore, if damage is inflicted on another person due to a defect in the installation or preservation of a structure, the possessor of the structure shall be liable for damages in the first place, and the owner of the structure shall be liable for damages in the second place only when the possessor fails to exercise due care for the prevention of damage.