1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined

A. As to the appraisal result, the plaintiff asserts that the judgment of the first instance court, which calculated the plaintiff's damages based on the erroneous appraisal result of the first instance court's appraiser I (hereinafter "the appraisal result of this case"), is unfair.

However, an appraisal is merely a means to use such knowledge or experience when the court has a special knowledge and experience in determining certain matters, so long as there is no evidence to prove errors in the appraisal results, even if the court recognizes the fact by referring to the above appraisal results, it cannot be deemed unlawful unless it violates the experience rules or logical rules.

In light of the above relevant legal principles, since the appraisal result of this case seems to have been lawfully made in accordance with the relevant laws and regulations and there is no other evidence to prove any error in the above appraisal result, it is justifiable for the first instance court to calculate the plaintiff's damages by referring to the above appraisal result.

The plaintiff's above assertion is without merit.

B. As to the limitation of liability, the Plaintiff asserts that the Defendant’s liability ratio should be higher than 70%, given that the instant hospital was a reinforced concrete building and its structural lifespan is permanent.

According to the results of the inquiry and reply to the appraiser I of the first instance court (hereinafter “the results of the inquiry and reply of this case”), a building built of reinforced concrete such as the hospital of this case is excluded from damage caused by external force if it is well constructed, maintained and repaired.