1. The Defendant’s KRW 33,120,533 as well as its annual 6% from August 20, 2016 to October 18, 2016 to the Plaintiff.

1. Facts of recognition;

A. The Korea Land and Housing Corporation (hereinafter “the instant lessor”) concluded a property insurance contract between the Plaintiff and the lessor regarding the instant housing (hereinafter “instant insurance contract”) on the ground that the period of insurance was from January 1, 2012 to December 31, 2012, as the owner and lessor of multi-family house B located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant housing”). From January 1, 2012 to December 31, 2012, the amount of insurance coverage was KRW 373,717,299, as damages, such as fire, etc.

B. On July 24, 2012, the Defendant, who was a lessee under 501 of the instant housing, destroyed all of the instant housing units 501, which was used by the Defendant’s wife and three children as a residence, by setting aside their fire in the dwelling room (hereinafter “instant fire”) and continuously destroyed the instant housing units to a flag adjacent to the French length.

(hereinafter “instant crime”). The Defendant was sentenced to imprisonment with prison labor for the present main building and fire prevention at the Seoul Northern District Court for the instant crime, and completed all of the term of punishment.

C. On the other hand, on August 19, 2016, the Plaintiff paid KRW 33,120,533 as insurance money to the Korea Land and Housing Corporation based on the instant insurance contract for the damage caused by the instant fire.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. The lessee is obligated to preserve the leased object with the care of a good manager until it is ordered to do so. If the leased object has been destroyed or damaged due to the breach of such duty of care, the lessee shall be liable for compensating for the damages therefrom; and if the leased object has been destroyed or damaged, the lessee shall prove that he/she has fulfilled the duty of due care of a good manager as to the preservation of the leased building.

(see, e.g., Supreme Court Decision 91Da22605, 22612, Oct. 25, 1991). As to the instant case, the health care unit and the Defendant raise objection.