TITLE	Supreme Court Decision 2013Da7769 Decided October 27, 2016 ¡¼Damages (Etc.)¡½ [full Text]
Summary
[1] In cases where it becomes impossible for a seller to perform obligation to deliver the object of sale due to its destruction by fire, whether the buyer may exercise a claim for vicarious compensation against the fire insurance proceeds and/or fire mutual insurance benefits payable to the seller on the ground of the fire (affirmative) [2] In cases where the fire insurance proceeds and/or fire mutual insurance benefits are payable to the seller due to the destruction by fire of the object of sale, whether the buyer may exercise a claim for vicarious compensation against the entirety of the said fire insurance proceeds and/or fire mutual insurance benefits (affirmative in principle), and whether the scope of recovery is limited to the amount equivalent to the sales price that the buyer paid or agreed to pay at the time it became impossible for the seller to perform the delivery obligation(negative)

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