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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 8,476,407 and its related costs from July 1, 2011 to June 30, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On February 14, 2011, the Plaintiff, from the Defendant, leased the entire four-storys of four-story neighborhood living facilities (hereinafter “instant building”) in Seo-gu, Seo-gu, Gwangju, the Defendant owned by the Defendant, for the period from February 17, 201 to February 16, 201, with the deposit amount of KRW 20 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the term of lease from February 17, 2011 to February 16, 2013.
B. On June 201, the Plaintiff parked a D-Motor vehicle owned by the Plaintiff (hereinafter “instant vehicle”) on the road side of the instant building, and the instant vehicle was destroyed (hereinafter “instant accident”) as glass windows attached to the instant building’s outer wall fall below the lower.
C. The cost incurred in repairing the instant vehicle due to the instant accident is KRW 8,476,407.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 and video (including each number), the purport of whole pleadings
2. Determination
A. The owner of a structure is liable for damages in the first place only when the possessor of the structure has not neglected due care for the prevention of damages. However, in the case where the direct possessor, who is the lessee of the structure, or a person who is deemed to be in the same position, suffers damages due to the defect in the construction or the preservation of the structure, the owner is liable for damages. In this case, even if the victim was negligent in the preservation of the structure, it is only the ground for offsetting negligence.
(2) According to the above facts, the accident of this case occurred as a result of falling short of the free window attached to the outer wall of the building of this case, and thus, the defect in the construction and preservation of the building of this case, which is a structure, was caused by the defect in the construction and preservation of the building of this case.