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1. The Defendant’s KRW 22,386,287 as well as 5% per annum from February 12, 2015 to May 22, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The 3rd floor housing and neighborhood living facilities (hereinafter “instant building”) in Yongsan-gu Seoul Metropolitan Government are owned by C, and the 2nd floor was leased and used by the Defendant, and the 1st floor was leased and used by C.
B. From October 7, 201 to October 7, 2016, the Plaintiff concluded an insurance contract for a type 2-type project mutual-aid project (general, factory) with the content that the Plaintiff secured losses incurred in relation to the first floor of the instant building and the interior fixtures (hereinafter “instant insurance contract”) by making the insured for the part of the building C and the household fixtures as D as the insured for the part of the building C and the household fixtures (hereinafter “instant insurance contract”).
C. On July 9, 2014, around 05:27, a fire occurred on the second floor of the instant building, and the fire-fighting water used to extinguish a fire flows into one story, resulting in flood damage on the first floor buildings and the furnitures.
On February 11, 2015, the Plaintiff paid KRW 6,418,487 to C in order to compensate for losses incurred to the first floor of the building due to the instant fire, and KRW 15,967,800, respectively, to compensate for losses incurred to the interior of the building.
[Ground of recognition] Facts without dispute, Gap 1 through 13, purport of the whole pleadings
2. The defendant's liability for damages
A. Where a lessee becomes unable to fulfill his/her duty to return the leased object, if the lessee is liable for damages due to the nonperformance, it shall be responsible to prove that the nonperformance was not attributable to the lessee’s cause attributable to the lessee. In view of the size and structure of the building, in cases where the leased part of the building and other parts are in an indivisible relationship with each other in the structure of the building, and where a fire occurred in the leased part and the other parts of the building are damaged to the other parts of the building in the structure of the building, the lessee shall not be limited to the leased part, and the damage incurred to the other parts in an indivisible relationship with the maintenance and respect of the building