1. The Defendant’s KRW 54,029,401 as well as 5% per annum from August 1, 2014 to July 14, 2015 to the Plaintiff.

1. Facts of recognition;

A. On March 2, 2011, the Defendant, from Pyeongtaek-si B on March 2, 2011, engaged in the business of manufacturing and wholesale and retailing hot-bridges and soil bed with the mutual name of “D” by leasing the instant B-dong building (hereinafter “instant building”).

B. On February 13, 2014, around 21:33, fire occurred in the instant building, and the instant building was relocated.

(hereinafter “instant fire”). C.

From October 11, 2013 to October 11, 2016, the Plaintiff paid KRW 90,049,002 insurance money for damage incurred to B due to the instant fire to E on July 31, 2014.

According to the results of the fire site investigation by the fire authorities, the fire in this case was investigated as a cause and fine fire that cannot be determined by the fire department and the cause of the fire was destroyed at the site during the process of melting the turf where the turf is mobilized.

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

2. Determination

A. The summary of the party’s assertion (1) The Plaintiff, as the lessee of the instant building, neglected to exercise the duty of care to preserve the said building, and thus, the instant fire occurred. Accordingly, the said building cannot be returned because it was removed therefrom.

Therefore, the defendant is obligated to pay the amount equivalent to the above insurance money to the plaintiff who acquired by subrogation the damage claim against the defendant B.

(2) The Defendant, on behalf of Defendant B, notified that there was a phenomenon that toilets lighting, etc. might take place while on and off several occasions, and requested inspection and repair of electric wires, but did not take place prior to the instant fire, and the instant fire occurred due to the error in the electric power line as above.