beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport:
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is the council of occupants’ representatives comprised of Busan Southern-gu B apartment (hereinafter “instant apartment”).
B. On October 6, 2018, the steel-resistant entrance in the instant apartment complex managed by the Defendant (hereinafter referred to as the “instant entrance”) was used on the non wind around 09:06, and fell down on the Plaintiff’s vehicle that was parked adjacent to the instant entrance.
(hereinafter “the instant accident”). At the time, the instant apartment was located in Busan, where the instant apartment was located, and there was no strong wind due to the influence of the typhoon’s “Congo.”
C. On January 16, 2019, the Plaintiff paid KRW 1,140,00,000, after deducting KRW 340,000 of the self-paid cost from the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and video, the purport of the whole pleadings, 2 others
A. 1) The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state in which the structure itself lacks ordinary safety, and there is the burden of proof as to the existence of the defect. However, as long as it is acknowledged that there exists a defect, it is inevitable even if there was no such defect due to force majeure in a natural disaster, and it is not proved by the owner or possessor of a structure, it is reasonable to deem that the damage was caused by the defect in the installation or preservation of the structure. In such cases, the possessor or owner of the structure cannot be exempted from the liability for damages, regardless of its negligence (see, e.g., Supreme Court Decision 2004Da66476, Apr. 29, 2005).