구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
1. The reasoning of the judgment of the court of first instance, which cited the same as the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except when the judgment is used or added as follows.
2. The third side of the judgment of the court of first instance, which is written or added, shall be as follows:
The Plaintiff paid KRW 137,309,590 in total to the victims of the apartment of this case with insurance proceeds from the fire of this case. [Grounds for recognition] The Plaintiff paid KRW 137,30,59 in total to the victims of the apartment of this case. [The grounds for recognition] of the absence of dispute, entry of the evidence Nos. 1, 2, 4, and 5, and the purport of the entire pleadings] of the judgment of the first instance as follows.
『⑴ 이 사건 화재로 인한 손해액이 합계 189,680,091원인 사실은 당사자 사이에 다툼이 없거나 갑 제4, 5호증의 각 기재에 의하여 인정된다.』 제1심판결 제7쪽 제1행 내지 제10행을 아래와 같이 고친다.
“B. The insurance money received from the insurer under the non-life insurance contract has the nature of quid pro quo of insurance premium paid by the insurer up to the time of the occurrence of the insurance accident by the policyholder itself in preparation for the occurrence of the insurance accident, which is separate from the third party’s liability for damages. Therefore, the above insured is not subject to the insurer’s liability for damages against the third party for the remainder of the insurance money not transferred from the insurer to the insurance money received by the insurer (However, the liability within the limited scope by comparative negligence, etc. is limited.).
hereinafter the same shall apply.
The third party is liable if the remaining amount of damage is more than the amount of the third party's liability without being compensated from the total amount of damage to the insurance money.