1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Defendant requested the Plaintiff, an air conditioner installation engineer, to install air conditioners on the third floor D of Yongsan-gu Seoul Metropolitan Government Building C (hereinafter “instant loan”).

B. On August 14, 2015, the Plaintiff, along with employees E, installed a bend gate to the outside of the bend rail of the instant BGra (hereinafter “the instant rail”), and the instant rail, which is separated from the outer wall of the building, was separated from and removed from the outer wall of the building (see evidence 3-1, 2, and No. 6-1, 6-2), and the Plaintiff and E fell into the first floor. Accordingly, the Plaintiff suffered injury, such as scam water damage, etc.

(hereinafter referred to as “instant accident”). 【The ground for recognition of the instant accident” is without dispute, Gap evidence 2, 3, and Eul evidence 8, each of Eul evidence 3, 4, and 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The Plaintiff’s alleged bend railing is a structure installed for the purpose of ensuring that people do not fall, and safety requirements are required to ensure that the weight of 1-2 adults or at least the weight of the outdoor air-conditioning equipment can be tanked.

However, the rail of this case did not have such safety level as above, and it was immediately separated from the outer wall of the building without checking the weight of the air conditioner, which sets off the air conditioner onto the ground bed installed on the rail of this case.

Since the instant accident occurred due to the defect in the installation or preservation of the instant rail, the Defendant, the owner of the instant Ba, is liable for damages to the Plaintiff in accordance with the structure liability under Article 758(1) of the Civil Act.

3. Determination

A. Article 758(1) of the Civil Act of 1981 provides that the possessor of a structure shall be liable to compensate for damages if he/she causes damages to another person due to a defect in the construction or preservation of the structure.

However, the possessor is required to prevent damage.