Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant B, which orders payment.

1. Basic facts

A. As to the third floor building located F in Pakistan-si, the Plaintiff owned by the Plaintiff’s Intervenor (hereinafter “instant building”), the Plaintiff entered into a H agreement with the Plaintiff’s Intervenor to cover the insurance coverage amount from December 16, 2014 to December 16, 2019, with the insurance coverage amounting to KRW 750,000,000 (hereinafter “instant insurance”).

B. On October 14, 2016, the Plaintiff’s Intervenor delegated the Plaintiff’s assistant real estate agent I with the right to lease the first floor of the instant building (hereinafter “instant leased section”). On behalf of the Plaintiff’s assistant real estate agent, the Plaintiff’s Intervenor concluded a lease agreement with L on behalf of the Plaintiff’s assistant real estate agent with the instant leased section amounting to KRW 3,50,000 (15 days) from October 15, 2016 to October 29, 2016.

(hereinafter “instant lease agreement”). C.

Defendant B paid KRW 3,500,000 to the Plaintiff’s Intervenor via L on October 14, 2016, and Defendant B, along with Defendant C, operated the sales store of daily necessities from the leased premises of this case.

On October 20, 2016, a fire (hereinafter “instant fire”) occurred in the leased premises of this case on or around 22:10, and the damage was caused by the loss of, or damage to, a part of the first floor and the first underground floors of the instant building and facilities, movables, etc. inside the said premises and the facilities, movables, etc. inside the said premises.

E. The Plaintiff calculated the amount of damages for the first floor of the instant building, 47,637,317 won, and the amount of damages for the first floor of the instant building as indicated in the attached Table for the assessment of damages, following an assessment of the damages incurred by the Plaintiff’s Intervenor due to the loss of the instant building, etc. due to the fire, as indicated in the attached Table for the assessment of damages, at KRW 26,101,496. On January 26, 2017, the Plaintiff paid the Plaintiff’s Intervenor KRW 73,738,813 (= KRW 47,637,317, KRW 26,101,496) as insurance proceeds.

On October 20, 2016, the fire of this case is around 22:00.