Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. Basic facts
A. On January 18, 2014, at around 21:00, the Plaintiff suffered injury, such as damage to the character of head parts, strawing, and saf, due to the shock of the road (hereinafter “the road of this case”) that was operated by the Defendant located in Chang-si, Chang-si (hereinafter “the road of this case”).
(hereinafter “instant accident”). (b)
The Plaintiff spent KRW 2,170,280 as medical expenses incurred from the instant accident.
[Reasons for Recognition] Facts without dispute, Gap's entries and videos, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserts that the defendant is liable to compensate the plaintiff for damages caused by the accident of this case since he was affected by the electric wires of large signboards illegally installed on the road of this case (hereinafter "the signboard of this case").
B. The defendant asserts that the plaintiff does not have any obligation to compensate the plaintiff for damages since the plaintiff did not go beyond the boundary of the electric wire of this case.
3. The judgment of this Court
A. 1) The term “defect in the installation or preservation of a structure” under Article 758(1) of the Civil Act related to relevant legal principles refers to a state in which a structure does not have ordinary safety according to its intended use. In determining whether such safety is satisfied, it shall be determined on the basis of whether the installer or custodian of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 2008Da61615, Feb. 11, 2010). Moreover, an accident resulting from a defect in the installation or preservation of a structure does not mean only a defect in the installation or maintenance of a structure causes damage, and it does not coincide with any other third party’s act or any other victim’s act.