1. Of the judgment of the court of first instance, the money to be paid below to the primary defendant is equivalent to the plaintiff.

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the “1. Basic Facts” judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against the defendant B

A. Unlike the former Act on Fire-Fighting Liability (wholly amended by Act No. 9648 of May 8, 2009), the Act on Fire-Fighting Liability only provides for special provisions on reduction of the amount of damages, but does not limit the establishment of liability for damages. Thus, unless otherwise provided by other Acts, the determination shall be made in accordance with the provisions of the Civil Act where the possessor or the owner of a structure is liable for damages on fire-fighting caused by defects in the installation and preservation of a structure.

Therefore, Article 758(1) of the Civil Act shall apply in cases where there is a proximate causal relation between the defect in the installation and preservation of a structure and the damage therefrom as well as the liability for damages incurred by a fire that directly caused a defect in the installation and preservation of a structure (see, e.g., Supreme Court Decision 2010Da71318, Mar. 28, 2013). Meanwhile, the defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to the defect of the installation or preservation of a structure, which requires the lack of safety to be secured depending on its original purpose. Here, the original safety refers to the safety required not only for its own use, but also for the actual use of the structure (see, e.g., Supreme Court Decision 87Meu827, Oct. 24, 198).