The judgment below

Among them, the part against Defendant Matts Fire Insurance Co., Ltd is reversed, and this part of this case is applied.

The grounds of appeal are examined.

1. As to the ground of appeal No. 3, based on the reasoning of the lower judgment, the lower court determined that there was a defect in the installation or preservation of a structure in the office and each warehouse in the instant building possessed by Defendant F, for reasons as indicated in its reasoning, and that the defect was recognized as contributing to the occurrence or expansion of the instant fire

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above judgment of the court below is acceptable, and it did not err by misapprehending the legal principles on defects in the installation or preservation of structures, etc., which affected the conclusion of the judgment.

2. Regarding ground of appeal No. 1

A. The legal nature of the victim’s direct right to claim pursuant to Article 724(2) of the Commercial Act is that the insurer concurrently takes over the insured’s obligation to compensate for damages against the victim, and the victim is the right to claim damages against the insurer, not the insured’s right to claim damages against the insurer, but the right to

However, the insurer’s liability for damages under the direct claim of the victim is premised on an insurance contract, and is recognized within the scope of the insurer’s liability limit under the insurance contract. Thus, if the insurance clause provides for the insurer to deduct the self-paid amount from the insurance amount payable by the insurer, the insurer bears the obligation to pay the victim directly for the amount obtained by deducting

(see, e.g., Supreme Court Decision 2013Da71951, Sept. 4, 2014). (B)

The judgment below

According to the reasons and records, the following facts are revealed.

1) Defendant F is Defendant Matts Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Matts Fire”) around February 2013.

A) The instant insurance contract was concluded with the Defendant, and the contract included a special clause on fire-fighting liability. 2) The fire-fighting liability is guaranteed.