A. 1) The Plaintiff is an insurer who entered into a contract with the limited liability company C (hereinafter “non-party company”) with respect to the building listed in the separate sheet (hereinafter “the instant building”). 2) On August 16, 2018, the Defendant entered into a lease contract with the non-party company, the lessee, and the lessee from August 16, 2018 to August 15, 2020 with respect to the instant building (hereinafter “the instant lease contract”). The Defendant entered into a lease contract with the non-party company, the lessor, the lessee, and the lessee from August 16, 2018 to August 15, 2020, the lease deposit of KRW 10 million, the monthly rent of KRW 20 million.

B. On December 1, 2018, the occurrence of the instant fire, among the instant buildings, a fire (hereinafter “the instant fire”) occurred and two guests die, and the occurrence of damage, such as a 125 square meters fire, such as a 20 square meters room inside the said subparagraph D, a corridor, and a corridor, etc., caused the damage, such as a house equipment room, etc.

Since then, restoration works for the building in this case were carried out, and restoration works and fire-fighting inspections were completed on April 3, 2019.

(c)

The Plaintiff paid insurance money to the non-party company, the owner of the instant building, paid KRW 264,384,969 on April 12, 2019, after evaluating the property damage caused by the instant fire as KRW 264,384,969.

【Uncontentious facts, Gap 1 through 10 [including the number with a branch number]

Each entry and the purport of the whole pleadings; hereinafter the same shall apply)

2. The assertion and judgment

A. The gist of the parties’ assertion 1) As the Plaintiff’s fire caused the instant fire to prevent performance of the duty to return the leased object under the instant lease agreement, the Defendant is liable for nonperformance of the duty to return the leased object to the Nonparty Company, which is the lessor.

The plaintiff, as an insurer of the insurance contract of this case, paid insurance proceeds of KRW 264,384,969 to the non-party company, and the defendant is Article 682 of the Commercial Act.