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1. The Defendant’s KRW 39,469,915 as well as the Plaintiff’s annual rate from September 27, 2012 to April 7, 2016, and the following.
Reasons
1. Facts of recognition;
A. In full view of the contents of evidence Nos. 1 through 7 and the whole purport of the pleadings, such as the occurrence of liability for damages, the facts in the separate sheet can be acknowledged and there is no counter-proof.
B. According to Article 3 of the Act on the Liability for Fire Caused by Negligence, the court may reduce the amount of damages upon the claim of the person liable for damage, if the loss is not caused by gross negligence. The gross negligence here refers to a situation in which, even if the person liable for damage did not pay considerable attention to the extent that it is required, it could have easily predicted the result of illegal harm if it would have a little degree of attention. However, even if it could have easily predicted the result of illegal harm, it would be just simply mean a situation in which the above fact alone lacks significant attention (see, e.g., Supreme Court Decision 92Da21050, Oct. 27, 1992). It is difficult to readily conclude that there was a gross negligence on the part of the defendant.
On the other hand, in full view of the following circumstances acknowledged by the aforementioned evidence, namely, the cause of the instant fire is presumed to be electrical fire caused by the joint wire, etc. installed in the ceiling, and the Defendant suffered enormous damages due to the instant fire, such as the cause and scale of the instant fire, the subject and degree of damage, the cause of combustion and the expansion of damage, the degree of negligence of the Defendant, and all other circumstances considered in determining the amount of damages, the Defendant’s liability ratio should be limited to 70% of the amount of damages.
C. Accordingly, according to subrogation, set-off, etc., the insurer shall pay the insurance proceeds to B due to the instant fire, and the Plaintiff acquired the claim for damages by subrogation from the insurer under Article 682 of the Commercial Act, and the Defendant shall be liable to compensate the Plaintiff for the damages
However, when calculating the amount of liability of the defendant, the amount of damages is 39,469,915 won (=56,385,593 won x 70%).