A. The Plaintiff is an insurer who, around February 2016, entered into a fire insurance contract with Cheongjin Co., Ltd. (hereinafter “Cheongjin Co., Ltd.”) with respect to the two buildings on the ground (hereinafter “each of the buildings of this case”) located in the Cheongjin-ri 704, Cheongjin-ri, Cheongjin-ri, 10 million won, insurance period from February 14, 2016 to February 14, 2017, with regard to the insurance coverage amounting to KRW 100 million.

B. The Defendant leased each of the instant buildings from Cheongjin Co., Ltd. on January 1, 2015, and operated a processing plant for renewable resin from each of the instant buildings around that time until the fire of this case entered below occurred.

C. On the other hand, around December 4, 2016, at around 21:45, a fire occurred in the vicinity of the pressure apparatus installed inside the factory building among each of the instant buildings, and the said factory building was relocated, and the roof, outer walls, etc. of the building adjacent thereto were destroyed.

(hereinafter “instant fire”). D.

The amount of damages of Cheongjin Co., Ltd. caused by the instant fire is KRW 163,905,938. On March 10, 2017, the Plaintiff paid insurance money of KRW 76,603,258, which deducted insurance money received from Cheongjin Co., Ltd according to other fire insurance concluded by the Defendant with respect to the instant building.

[Ground of recognition] Facts without dispute, Gap 1, 3, 7 evidence, the purport of the whole pleadings

2. Determination

(a) Where a lessee’s liability for the return of leased object becomes impossible with respect to the cause of the claim, if the lessee is liable for damages due to the nonperformance, he shall bear the burden of proving that the impossibility of performance is not due to the lessee’s cause attributable to the lessee, and where the cause of the fire is unknown in the event that the leased building was destroyed by a fire, the lessee shall bear the burden of due care as to the preservation of the leased building in good faith; and

(See Supreme Court Decision 9Da36273 delivered on September 21, 1999). According to the above findings, the Defendant’s fire resulting from the instant fire.