1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. On April 3, 2013, A, from the 7th floor building (hereinafter “instant building”), the second floor No. 203 (hereinafter “instant store”) located in Cheongju-si, Cheongju-si (hereinafter “instant building”). The Defendant entered into a contract on liability insurance for the owners of facilities (hereinafter “A’s liability insurance contract”) with the Defendant, setting the instant store as the subject matter of insurance, and setting the amount of insurance as KRW 100 million in the instant store to compensate others for the occurrence of a fire at the instant store.

B. On February 27, 2015, the Plaintiff concluded a fire insurance contract with B, the owner of the instant building: B: the instant building; the total amount of insurance coverage:3,259,870,000 won; and the insurance period: from February 27, 2015 to February 17, 2016 (hereinafter “B’s fire insurance contract”).

C. On October 27, 2015, around 10:27, in the instant store, a fire, including the second floor of the instant building, was launched in the ventilation season located inside the said store, and the fire that burns to other floors (hereinafter “instant fire”). D.

On October 27, 2015, pursuant to the fire insurance contract B, the Plaintiff paid KRW 11,388,065 to B for the second floor of the instant building, and KRW 52,365,895 for the remainder of the couple, and KRW 40,97,783 for the remainder of the couple.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including various numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion that according to Article 724 (1) of the Commercial Act, in the case of liability insurance, the insurer cannot pay the whole or part of the insured amount to the insured before a third party receives compensation for the damage caused by an accident attributable to the insured. B is also a victim of the fire in this case.

If so, the defendant A.