A. On September 11, 2013, the Plaintiff, a corporation running non-life insurance business, concluded a general fire insurance contract (hereinafter “instant insurance contract”) with respect to the facilities installed in the E restaurant leased and used by Non-Party D and the instant building by setting the purchase price of KRW 150,000,000 for the building located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant building”). On February 1, 2014, the Plaintiff concluded a general fire insurance contract (hereinafter “instant No. 2 insurance”) with the purchase price of KRW 30,00,000 for the facilities installed in the E restaurant located in the non-party D and the instant building.

B. The Defendant is a person who runs the business in F’s trade name by leasing part of the instant building.

(hereinafter referred to as “F” for the part of the instant building leased by the Defendant

On June 27, 2014, fire fighting occurred within F on June 27, 2014, and other commercial buildings in the instant building, including E, caused damage.

(hereinafter referred to as the “instant fire”) D.

On September 23, 2014, the Plaintiff paid the insurance proceeds of KRW 88,426,315, which is part of the damages incurred by the damage of other commercial buildings in the instant building that was destroyed by the F and burned to the said B, pursuant to the instant insurance contract on September 23, 2014. On October 21, 2014, the Plaintiff paid the insurance proceeds of KRW 1,357,068, which is a part of the damages incurred by the facilities in the instant building, to the said D based on the instant insurance contract.

E. The first place of the fire in this case is the front right side of F, and the cause of the fire in this case is minor.

(B) The Plaintiff asserted that a fire occurred on the power-driven ship, etc. under the Defendant’s control on the ground of the trace of the container, but the Defendant asserted that the fire occurred due to the deterioration of the building of this case, but there is no evidence to acknowledge each of the above claims, and the cause of the fire of this case cannot be known) / [this ground for recognition], and there is no dispute.