1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with D, the owner of the said vehicle C (hereinafter “Plaintiff”).

B. On May 26, 2017, the Defendant: (a) around 14:20 on May 26, 2017, at the parking lot adjacent to the building in Southern-gu E-gu, Seoul, where tobacco butts were stored in the district of collecting rainwater; (b) put a cigarette into the combustible materials (waste) located in the district of a cigarette butts, and the fire was caused to spread to the Plaintiff’s vehicle.

(hereinafter referred to as the “instant fire”). C.

On July 14, 2017, the Plaintiff paid KRW 2,005,310,00 as insurance money, excluding KRW 500,000,00, to D for the Plaintiff’s vehicle loss caused by the instant fire.

On the other hand, D brought a lawsuit against the Defendant demanding that the Defendant pay 3,381,44 won as the Daegu District Court Branch Branch 2018 Ghana17251, and delay damages therefor. On October 17, 2018, the said court rendered a judgment that “the Defendant would have calculated 5,386,754 won as the damages of 3,381,44 won - 2,005,310 won as the paid insurance amount.” Accordingly, from May 27, 2017 to September 5, 2018, 5% per annum and 15% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on November 6, 2018.

[Reasons for Recognition] The entry of Gap Nos. 1 through 5 and the purport of the whole pleading

2. Determination

A. According to the fact that the liability for damages was established, since the fire of this case occurred due to the negligence that the defendant did not properly extinguish the fire of cigarette butts, the defendant is liable to compensate D for the damages caused by the fire of this case, and the plaintiff may subrogate the defendant to claim damages against D pursuant to Article 682(1) of the Commercial Act.

B. The defendant limited liability. The fire of this case occurred due to fire, damage caused by fire is the damage caused by fire, and there is no gross negligence on the defendant.