1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. 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, in addition to the following cases, the court's explanation on this case shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

B. The comparative negligence set-off system under the relevant legal doctrine is intended to take into account the obligee’s such care as to the occurrence of damages in accordance with the equitable principle when the obligee fails to fulfill his/her duty required under the good faith principle. Thus, even if the obligee’s fault was found if the damage was caused or expanded due to such failure, it shall be deemed that there was negligence on the part of the victim. If the victim’s negligence is acknowledged, the court shall take such fact into account in determining liability for damages and the amount thereof. Even if the obligor did not assert the victim’s negligence, the court shall ex officio deliberate and decide on the same in cases where the obligor’s negligence is acknowledged by litigation materials (see, e.g., Supreme Court Decision 96Da30113, Oct. 25, 196). Article 758(1) of the Civil Act is applicable in cases where proximate causation exists between the installation and preservation of structures as well as the liability for damages to the parts burned from the fire and the damage therefrom.

(1) Article 3 of the Act on the Liability for Fire Caused by Fire Caused by Negligence is subject to reduction of the amount of damages under Article 3 (1) (see, e.g., Supreme Court Decision 2010Da58056, Jun. 28, 2012). Article 3(1) of the Act on the Liability for Fire Caused by Fire Caused by Negligence is that the person liable to compensate for damages incurred therefrom