A. On October 8, 2011, the Plaintiff is an insurer who entered into a general fire insurance contract with Nonparty B’s organization (hereinafter “B organization”) and the insured; the Plaintiff is an insurer who entered into a general fire insurance contract with Osan City building C (hereinafter “instant building”); the entire equipment of Osan City building; and the insurance period from October 8, 201 to October 8, 2012.

B. The Defendant is the lessee of the instant store in the name of Nonparty D, the owner of the instant building, leased a store of “E” on the first floor of the instant building (hereinafter “instant store”) for one year from January 1, 2012, and actually operated the instant store.

C. On April 16, 2012, at around 03:22, a fire (hereinafter “instant fire”) occurred within the instant store, and the instant store is located in the front place. The inside of the “F” of approximately 40 square meters, which is an integral part of the structure of the instant building with the instant store, was partially burned and the signboards and bicycles inside the instant store were lost, and there was damage, such as the occurrence of the said fire on the outer wall of the instant building 297 square meters.

In relation to the instant fire, the Plaintiff: (a) requested a damage evaluation to a future damage evaluation company; and (b) determined the amount of damages in KRW 29,076,857; and (c) accordingly, the Plaintiff paid KRW 29,076,857 to the B organization on June 21, 2012.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 9 (including more than each number), and the purport of the whole pleadings

2. Determination

(a) Where a lessee’s liability for return of leased object which occurred one of the occurrence and scope of the liability for damages becomes impossible, if the lessee wishes to be exempted from the liability for damages due to nonperformance, the lessee shall be responsible to prove that the impossibility of performance is not due to the lessee’s cause attributable to the lessee. In case where the leased building was destroyed by a fire and the cause of the fire is unknown, the lessee shall also be liable