1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The Plaintiff asserted by the parties, and the Plaintiff entered into a comprehensive insurance contract of subordinate apartment organizations with the council of occupants’ representatives, which guarantees liability for the manager of facilities by setting the coverage period from September 30, 2013 to September 30, 2014, as KRW 100,000 per each person’s compensation limit, between the council of occupants’ representatives and the council of occupants’ representatives of Pakistan-si.

(hereinafter referred to as the “instant insurance contract”). At the time of the application, the Defendant, at around 10:07 on June 21, 2014, cleaned the said apartment 208 entrance as a slope of the said apartment 208 entrance.

On June 21, 2014, the pertinent apartment house C, a resident of 208 (hereinafter referred to as “victim”) suffered injury by taking water equipment remaining on the floor after cleaning while getting off the elevator on the first floor and walking along the slope of the entrance in order to going out around 10:12 on June 21, 2014.

(hereinafter “instant accident”). The Plaintiff, as an insurer, paid KRW 2,500,000 as insurance money to the victim according to the instant insurance contract.

In case of cleaning the water, the Defendant neglected the duty of care to take measures, such as indicating caution in the surrounding area or removing the floor water source, and caused the instant accident. Therefore, the Defendant is liable for tort against the damage suffered by the victim.

In the accident of this case, the defendant's liability ratio is equivalent to 70%, and since the plaintiff paid insurance money to the victim and acquired by subrogation the damage claim of the victim, the defendant is obliged to pay to the plaintiff the amount equivalent to 70% of the insurance money and damages for delay.

The actual situation of the defendant's assertion is a slope, and in particular, there are child-care centers at all times, the defendant used a galle in a state which does not have water at all times when cleaning the place of the accident.

Therefore, there was almost no water at the site at the time of the accident in this case.

The actual substance is more on the floor of the accident site of this case.