1. The Defendants jointly share KRW 27,635,384 with respect to the Plaintiff and 5% per annum from April 6, 2013 to January 27, 2016.

1. Presumed factual basis

A. The Plaintiff’s insurance contract concluded a fire insurance contract with E, which operated “D’s singing room” by leasing five floors among the five floors of the building of Ulsan-gu Incheon-gu reinforced concrete C’s roof (hereinafter “instant building”) owned by B

(hereinafter “Plaintiff’s insurance contract”). (b)

On December 17, 2012, the occurrence of fire and the amount of damage by Defendant A around 08:17, the first floor of the instant building operated by Defendant A (hereinafter referred to as “instant singing room”) was destroyed by a fire, and E was damaged by a building, facilities, fixtures, etc., destroyed by a fire of up to five floors.

(hereinafter “instant fire”). The total amount of damages of E caused by the said fire was calculated as KRW 81,96,935.

C. On April 6, 2013, according to the Plaintiff’s insurance contract, the Plaintiff paid KRW 68,633,852 to the insured E out of the total amount of damages.

On the other hand, the Defendant interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant interesting State Fire”) concluded a comprehensive insurance contract with Defendant A to cover the instant singing room with total of KRW 170,000,000,000,000,000,000,000 as the subject matter of insurance, and 50,000,000,000,000,000 won as the

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1 through 5, Eul 10, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the fire of this case occurred due to the defect in the use and management in the instant singing room possessed by the Defendant A. As such, the said Defendant is the possessor of a structure under Article 758(1) of the Civil Act, and the Defendant’s interesting fire is jointly and severally liable with the Defendant A in accordance with the terms and conditions of the Defendant’s insurance contract, and is liable to pay the insurance proceeds

However, since the Plaintiff paid KRW 68,63,852 insurance money to E, the Defendants jointly do so to the Plaintiff who acquired the right to claim damages of E in subrogation.