A. The Plaintiff is an insurer who entered into an unlimited dividend, fire, marine insurance NEW partnership insurance contract (hereinafter “instant insurance contract”) with respect to the multi-family house on the fourth-class land of Pyeongtaek-si owned by the insured (hereinafter “instant building”) with B, and the Defendant is the lessee who leases 202 of the instant building from B.

B. On August 19, 2017, when the Defendant leased and occupied and used the foregoing No. 202, fire occurred due to the electric fall, from TV set up within 202, around 03:26 on August 19, 2017, from the Defendant’s TV set up within 202. As a result, the inside of 202 was dissipated, and the damage was inflicted on the section for common use and outer wall of the instant building, and the forest fall within 201

C. On September 26, 2017, the Plaintiff paid not only the amount of damages to B, the insured, but also the total of KRW 33,338,112, and the cost of removing the remainder, 3,333,811, as insurance proceeds, to B, the insured, pursuant to the instant insurance contract.

Since the defendant provided the cause of a fire in violation of the duty of preservation and management as a lessee, it is obligated to pay the above insurance proceeds to the plaintiff who exercises the insurer's subrogation right and damages for delay.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.