beta
Text
The judgment below
The part against the plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.
The defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the Defendant’s grounds of appeal, the lower court determined that the Defendant, as the possessor of the instant warehouse, was liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant fire pursuant to Article 758(1) of the Civil Act, on the grounds that there was a defect in the installation and preservation of the structure in the instant warehouse as
In light of the relevant legal principles and records, the above determination by the court below is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on defect in the installation and preservation
2. Plaintiff’s ground of appeal
A. In a case where, at the same time with respect to an insured event of non-life insurance, a third party is liable to compensate for damage against the insured, the insured is liable to compensate for the insurance premium received from the insurer under the non-life insurance contract, because the insured has the nature of consideration for the insurance premium paid to the insurer in preparation for the occurrence of the insured event, and it is separate from the third party's liability for damages. Therefore, it should not be deducted from
Therefore, the above insured may claim against a third party for the performance of his/her liability to compensate for any remaining damages without compensating for the insurance proceeds received from the insurer (However, the liability within the limited scope by negligence offsetting, etc.; hereinafter the same shall apply). If the total amount of damages remains more than the amount of the third party's liability for damages, the third party may claim for the performance of its entire amount of liability for damages against the third party.