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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. The grounds for admitting the judgment of the court of first instance are as follows, and the part of the judgment of the court of first instance is identical to each corresponding part of the reasoning of the judgment of the court of first instance, in addition to changing the part of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance
[Modification] The following shall be added between the 5th page 1 and 2:
However, the business compensation liability insurance under the insurance contract of this case purchased by the defendant is to compensate for the defendant's loss caused by the insurance company's liability in the event of "insurance accidents that cause physical harm to another person or cause damage to another person's property due to a sudden accident that occurred in the course of performing the business of the facilities owned, used or managed by the defendant as the insured, and the use of such facilities." From 11 to 13, the plaintiff as the insurance company is to revise the provisions of the 5th page to 6th page.
3) Furthermore, we examine whether the Defendant is liable to compensate for damages to the lessee of the first floor due to water leakage in the concrete slabs used as the ceiling of the first floor and the second floor floor of the instant building, which is the part of the instant accident.
A) In general, when a defect in the installation or maintenance of a structure causes damage to another person, the possessor of the structure shall be liable for damages first, and the owner of the structure shall be liable for damages secondly unless the possessor fails to exercise due care necessary for the prevention of damages. However, in cases where the direct possessor of the structure, who is the lessee of the structure, or a person who is deemed to be in the same position, suffers damages due to a defect in the installation or maintenance of the structure, the owner is liable for damages (see Supreme Court Decision 2008Da21082, Jul. 24, 2008). Meanwhile, the defect in the installation or maintenance of the structure is referred to as “the defect in the construction or maintenance of the structure.”