2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff and B’s insurance contract 1) The Defendant concluded an insurance contract on June 17, 201 with respect to the Defendant’s spouse B and E Co., Ltd. (hereinafter “the instant restaurant”) located in the Defendant’s spouse B and the second building (hereinafter “the instant restaurant”) as the insured, as the Plaintiff was the owner of the building C’s ground (hereinafter “First building”) and the building D’s ground (hereinafter “Second building”).

(hereinafter “instant insurance contract”). B.

On January 4, 2013, around 05:30 on January 4, 2013, the Plaintiff paid KRW 3,073,042 to the Defendant, the owner of the second building, KRW 102,837,391, respectively, in accordance with the insurance contract of this case, when a fire occurred in the first building in which the Defendant was operating the place of business, and the instant restaurant of the second building was destroyed by a fire, which led to the occurrence of the damage caused the building, fixtures, movable property, etc. (hereinafter “instant fire”).

【Ground of recognition】 The fact that there is no dispute, Gap 2 through 10 evidence (including additional number), and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the fire of this case occurred due to the Defendant’s failure to perform his duty to take protective measures for the construction and preservation of the first building that is occupied and owned by the Defendant, and the Defendant, as the occupant or owner of the factory of the instant restaurant, bears tort liability

Since the plaintiff paid insurance money to the restaurant of this case, the defendant is obligated to pay the above insurance money and damages for delay to the plaintiff who exercises the right to claim damages on behalf of the defendant.

B. The defendant is not liable for damages because there was no defect in the construction or preservation of the first building alleged by the defendant.

Even if the responsibility is recognized as the possessor or owner of a structure, the defendant is not a third party as the spouse of B, who is the representative of the restaurant, and the plaintiff is the defendant.