beta
Text
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. Determination:
A. The gist of the parties' assertion 1) The plaintiff's fire of this case first occurred in the building of this case occupied by the defendant and used by the defendant. This is caused by failure to take appropriate measures to prevent fire, such as failing to take sufficient safety measures. Therefore, the above insured is liable to compensate for damages caused by the fire of this case as the possessor of a structure pursuant to Article 758 (1) of the Civil Act or a tort pursuant to Article 750 of the Civil Act, and the plaintiff is liable to compensate for damages caused by the fire of this case. Since the plaintiff paid insurance money to C, the defendant, who is the insurer, is liable to pay the plaintiff with the right of subrogation pursuant to Article 682 of the Commercial Act. 2) The defendant
The insured cannot be deemed to have been caused by intention or negligence of the insured.
Even if the liability of the insured is recognized, the liability should be mitigated in accordance with the good faith principle and the law on the responsibility of realizing.
B. Determination 1) Defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether such safety is satisfied, the determination shall be based on whether the installer and manager of the structure in question has fulfilled his/her duty to take protective measures to the extent that is generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decisions 9Da39548, Jan. 4, 200; 2008Da61615, Feb. 11, 2010; hereinafter referred to as “accident due to defect in the installation and preservation of a structure”) is the installation and preservation of a structure.