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.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a fire insurance contract with D with regard to the internal facilities of the instant Gowon, which operated the 2 to 4th of the building located in Gangnam-gu Seoul as “C” (hereinafter “instant Gowon”) and the insured.

B. On July 10, 2017, the Defendant: (a) at around 22:13, when setting up the inside of the instant Gosiwon, set up and operated all of the earth and sand lids located within the boundary of the instant Gosiwon, and did not turn off all of them; (b) thereby, there was a fire that partially sets of the earth and sand inside the instant Gosiwons were set up in a lid, etc. and destroyed by fire.

(hereinafter “instant fire”). C.

The Plaintiff paid KRW 2,563,00 insurance money to D due to the instant fire, etc. of KRW 2,563,00,000.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination:

가. 손해배상책임의 발생 위 인정사실에 의하면, 이 사건 화재는 피고가 토스트기를 전원을 켠 후 이를 끄지 않은 과실로 발생하였다고 할 것이므로, 피고는 D에게 이 사건 화재로 인한 손해를 배상할 책임이 있고, 원고는 상법 제682조에 따른 보험자대위에 의하여 피고에 대한 손해배상청구권을 대위할 수 있다.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the arguments revealed prior to the limitation of liability for damages, i.e., the Defendant first visited to confirm the internal facilities prior to moving to the instant Notification Board, but D, the operator of the instant Notification Board, neglected to have the Notification Board of the instant case, and without any guidance by the Defendant, caused the instant fire by minor negligence, which did not turn off all of the earth and sand sources, among the Defendant, while leaving the Notification Board of this case without any guidance.