1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 17, 2017, the Plaintiff concluded a fire insurance contract with respect to the building D in Gwangju City (hereinafter “instant building”) with the insurance period from February 17, 2017 to February 17, 2018, with the insurance amount of KRW 900,000,000, and entered into a fire insurance contract with the insurance amount of KRW 100,000,000.

B. On August 30, 2016, the Defendant entered into a lease agreement with C on the first floor E of the instant building (hereinafter “the instant leased object”) and began to operate a restaurant with the name “F” from September 7, 2016 to the instant leased object.

C. On December 26, 2017, at around 02:12, a fire occurred on the part of the subdivision located on the wall surface of the “F” located on the wall surface of the said “F,” and the negligence and the main part of the leased object was destroyed or the main part was destroyed, and the warehouse of the “G” adjacent to the leased object was partly destroyed, and the said fire occurred.

(hereinafter “instant fire accident”). D.

On March 30, 2018, the Plaintiff calculated the amount of damages for the leased object of this case as KRW 40,882,721, and the amount of damages for the said “G” as KRW 3,061,79, and paid KRW 43,94,520 insurance proceeds to the insured C.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 13 and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, the lessee of the leased object of this case, who is the Plaintiff, is the lessee of the leased object of this case, is negligent in managing the leased object by performing the duty of due care as a good manager, thereby causing a fire accident of this case. Therefore, the Defendant is liable to compensate for damages arising from nonperformance

In addition, the fire accident of this case occurred due to negligence that the defendant neglected his duty to manage the leased object of this case, and the defendant is liable to compensate C for damages caused by such tort.

On the other hand, the Plaintiff.