1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. The Plaintiff is a person who runs the cosmetic materials and cosmetic-related medical wholesale business under the trade name, “D” in Article 2101 of the building B located in Ku Government-si, and the Defendant is a management body that manages the above building B.

B. There is a common space with a height of about 1.2 meters between the restaurant of the above D immediately upper floor (hereinafter “the restaurant in this case”) and the Plaintiff’s tent (hereinafter “instant common space”). In this place, electric wires, water supply, hot water discharge pipes, heating pipes, etc. are installed.

C. Wastewater discharged from the restaurant of this case to the outside is discharged through sewage pipes with a diameter of at least 10 cm (hereinafter “instant sewage pipes”).

However, even before March 11, 2013, the above sewage officer had been engaged in drilling work on the part of the defendant with the wind several times.

After that, from the night on March 10, 2013 to the day on March 11, 2013, when the sewage management officer prevented him from flowing out a large amount of sewage into the said sewage management officer without flowing out a large amount of sewage, the sewage management officer was absent due to the weight, and approximately 150 liters of the sewage in the same place were turned out to the plaintiff's commercial building.

E. Accordingly, a large number of the goods related to the beauty art owned by the Plaintiff was contaminated by sewage, and thus disposed of.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry of Gap evidence 1 through 5 (including each number in the case where there is a serial number), testimony of the witness E of the first instance court, the first instance court and the first instance court witness F, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The Plaintiff asserted that the common space of the instant building is the common area of the instant building, and the responsibility for managing the instant sewage pipes located in the said space was not properly managed by the Defendant, despite the Defendant, who is the managing body managing the instant commercial building.