A. B is the owner of Jongno-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant building”), and the Defendant leased from the above B around October 12, 1992 the first floor No. 104 (hereinafter “instant store”) of the instant building from the above B and operated a vinyl wholesale and retail business with the trade name “D” at the same time.

B. On March 8, 2012, E, the Plaintiff and the insured period from March 10, 2012 to March 10, 2013, respectively, concluded a fire insurance contract with the effect that the Plaintiff would pay insurance proceeds (hereinafter “instant insurance contract”) in the event that a fire occurred in the instant building on the ground that the insured was destroyed by the fire in the instant building, and the said B suffered damage therefrom, the Plaintiff entered into a fire insurance contract with the Plaintiff.

C. On November 20, 2012, around 08:00, the occurrence of a fire on the first floor of the instant building (hereinafter “the instant fire”) destroyed the instant fire, and other stores located on the first floor of the instant building were destroyed by fire or damaged by sound, etc., and the damage therefrom is equivalent to KRW 23,085,883.

On January 8, 2003, the Plaintiff paid KRW 23,085,883 as insurance money to the above B in accordance with the instant insurance contract.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, 5, 6, and 8, and the purport of the whole pleadings

2. Determination:

A. (1) The lessee is obligated to preserve the leased object with the care of a good manager until ordering the order of the leased object. In the event that the leased object has been destroyed or damaged, the lessee is obliged to compensate for the damage. In the event that the leased object has been destroyed or damaged, the lessee must prove that he/she has fulfilled his/her duty of care as a good manager in the preservation of the leased building.

(see, e.g., Supreme Court Decision 91Da22605, 22612, Oct. 25, 1991). In addition, where a lessee’s obligation to return the leased object becomes impossible, the lessee is due to nonperformance.