1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.

1. The parties' assertion

A. The Plaintiff suffered losses by cutting off the drain gates installed on the female bath bed of the hotel operated by the Defendant without properly covering it. The Plaintiff was able to cover it on the wind.

Therefore, the defendant is liable for damages sustained by the plaintiff as the possessor or owner of a structure.

B. The Defendant’s employees and part-time employees manage the bath normally, and on the day of the accident, the Plaintiff went to the bath without any further need after completing bath at the bath. As such, the Plaintiff was in fact in the female bath.

It cannot be deemed that it was or was caused by this, and there cannot be said that there was any defect in the cover of the above bathing hole.

Even if there is a defect in the cover of the drainage hole, the Plaintiff’s negligence is reasonable for the Plaintiff to suffer the instant accident, and the Defendant’s liability should be restricted.

2. The defect in the establishment and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety requirements are met, the standard should be whether the installer and the preservation of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the danger of the structure.

(See Supreme Court Decision 94Da16328 Decided October 28, 1994, etc.). Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 through 8 of Article 1, the Plaintiff was taking care of the part in the female bath of the Busan Metropolitan City Hospital C hotel (hereinafter “instant bath”) operated by the Defendant on July 9, 2017 (hereinafter “instant bath”), and thereby taking care of the part in the above frame on July 10, 2017.