1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the deletion of the part of the court of first instance from 6th to 18th, 6th, 6th to 6th, 13th, 18 of the judgment of the court of first instance, and the addition of the following as a substitute, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act. The parts

D. The insured may claim against a third party for the performance of his/her liability to compensate for any remaining loss, not yet compensated as insurance money received from the insurer, if a third party is liable for tort or non-performance of liability at the same time with respect to the insurance accident of the scope of indemnity. If the total amount of damages remains less than the amount of the third party’s liability for damages, the insured may claim for the compensation of the remaining amount of damage, and the amount equivalent to the difference between the amount of the third party’s liability for damages and the amount of the remaining amount of damages may be claimed by subrogation from the insurer to the third party.

(Supreme Court en banc Decision 2014Da46211 Decided January 22, 2015). According to the evidence evidence No. 4, the damages incurred by B due to the instant fire are acknowledged to have been 111,330,743, and the fact that the Plaintiff’s insurance proceeds paid to the Plaintiff were 90,049,002 is as seen earlier. As such, the damages remaining after the Plaintiff’s insurance proceeds were not compensated to B are KRW 21,281,741 (11,30,743-90,049,02).

Inasmuch as the Defendant’s liability was limited to 60% of the amount of damages as seen earlier, the Defendant’s liability amount is KRW 66,798,445 (amount of damages KRW 111,330,743 x 60%, and KRW 60).

Therefore, the amount that the plaintiff can claim by subrogation is 45,516,704 won (66,798,445 won-21,281,741 won) and the defendant is 45,516,704 won and this.