If damage is incurred due to defect of a structure, the possessor and the owner of the structure shall be liable for damage regardless of whether they are guilty of negligence.

If damage is incurred due to defects in a structure, the possessor and the combined possessor of the structure.

An owner is not liable for damages if there is negligence.

Article 758 of the Civil Act

Plaintiff 1 and one other

Korea Coal Corporation

Seoul High Court Decision 69Na3388 delivered on November 27, 1970, Seoul High Court Decision 69Na3388 delivered on November 27, 1970

The original judgment is reversed and the case is remanded to the Seoul High Court.

As to the ground of appeal No. 1 by the plaintiffs,

On November 13, 1968, the date of the accident, the non-party 2's explanation of the reason that the non-party 2's name of the main cause of the accident is the non-party 2's life in the pit, and the non-party 2's name was ordered to stop the damage and ice shot in the pit of this accident to the non-party 2's non-party 2 and the non-party 2's non-party 3's non-party 3's non-party 2's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 2's non-party 2's non-party 2's non-party 3's non-party 2's non-party 3's non-party 2's non-party 3's non-party 3's non-party 2's.

However, according to the purport of the oral argument, the plaintiff is the cause of the accident in this case, which is not only the non-party's negligence, but also the defect in the construction or the preservation of the main construction site, which is a structure. Thus, the defendant is acknowledged to be the non-party's user or the possessor and the owner of the above structure to be liable for damages. Thus, in the case of damages caused by the defect in the structure, the possessor and the owner of the structure shall be liable for damages regardless of the existence of negligence. However, although the original judgment only judged that the plaintiff's claim of the main lawsuit on the premise that the accident in this case was caused by the negligence of the defendant or the non-party, and did not make any decision on the existence of the defect in the structure, which is an unlawful act affecting the conclusion of the original judgment. Accordingly, the appeal on this point shall be justified, and the original judgment shall not be reversed.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet