1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance cites it according to the main sentence of Article 420 of the Civil Procedure Act, except for the appeal as follows.

2. On the other hand, the appeal Nos. 7 through 12 of the judgment of the court of first instance is dismissed as follows.

[3] However, as to the portion of the building caused by the instant fire, A received the total amount of damages from the Plaintiff, as seen earlier, with respect to KRW 45,123,251, the amount of damages is equal to that of the Plaintiff. Therefore, the amount of damages remaining without compensating the Plaintiff as insurance money cannot be deemed as having been paid. In the case of damages other than the building claimed by the Defendant that should be deducted, it is irrelevant to the non-life insurance in this case as part that is not the insurance object of the non-life insurance that the Plaintiff entered into with EP and thus, the amount of damages not paid for the portion for which A did not buy insurance remains.

Even in such a case, the insurer shall not be entitled to deduct from the amount of damage liability acquired by subrogation of the insurer.

(4) The plaintiff, by compensating the whole damages to the part of the building caused by the fire of this case, subrogatedly acquired the whole right to claim damages to the part of the apartment building of this case against the defendant under the insurer subrogation provision of Article 682 of the Commercial Act. Therefore, the defendant's above assertion is without merit. D. Thus, the defendant's claim is without merit as to the part of the building caused by the fire of this case (i.e., KRW 22,561,625 (= KRW 45,123,251) x limitation of liability x 50% x limitation of liability 651,046, which is the part cited by the judgment of the first instance court among them.