On July 12, 2013, the Plaintiff entered into an insurance contract (hereinafter “instant fire insurance contract”) with Nonparty C with the following content on the building located in Pyeongtaek-si D (hereinafter “instant building”) owned as the subject matter of insurance.

◎ 보험상품명: 무배당 E ◎ 보험계약자 및 피보험자: C ◎ 보험기간: 2013. 7. 12. ~ 2023. 7. 12.(10년간) ◎ 보상하는 손해: 보험목적물이 화재로 인하여 입은 손해 ◎ 보험가입금액: 397,000,000원(구체적 보험가입금액은 별지와 같다)

B. Meanwhile, from May 20, 2009 to February 2015, the Defendant leased the second floor of the instant building from C as KRW 7,000,000, monthly rent of KRW 720,000, and used it as the skin management office (hereinafter “F”).

C. On February 26, 2015, around 22:45, at the bottom of the wall surface of the hot springing room of the skin management room of the instant case (hereinafter “instant fire”), the cause unknown was destroyed by the direct heat and severe noise of the second floor of the instant building.

The Plaintiff calculated the amount of damages incurred in the instant building due to the instant fire (i.e., KRW 28,922,99, and KRW 5,455,114 for any other space than the amount of damages for the second floor leased space (i.e., KRW 28,92,99), and paid insurance money equivalent to the said amount to C on June 16, 2015.

2. Occurrence of liability for damages;

A. Where the lessee becomes unable to fulfill his/her duty to return the leased object due to the extinguishment of the leased object due to a fire, etc., the lessee is liable to compensate for damages incurred due to the nonperformance, if the lessee fails to prove that the nonperformance was due to a cause not attributable to himself/herself.