1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Facts of recognition

B concluded a comprehensive insurance contract with the Plaintiff on March 6, 2013 at the recommendation of his/her parent C, who is the Plaintiff’s insurance solicitor.

The above insurance contract includes the guarantee of fire damage in relation to buildings from the strato the second floor in Gwangjin-gu Seoul Special Metropolitan City, which is owned by D (B's spouse).

On November 10, 2013, when the Defendant leased 102 underground among the above buildings, the fire occurred within 102 underground and 101 underground spaces adjacent thereto were destroyed.

As to the cause of fire, the competent fire station presumed that electric wires were emitted as electric factors near the type, etc. of 102 underground and that the burning was expanded after burning the ceiling (in the comprehensive report on fire occurrence by the competent fire station, it indicated 101 underground as a place of combustion, but it is stated as a place of combustion in the underground 102) and the competent police station has set the electric circuit breaker under 102 underground. In light of the fact that the electric circuit breaker under 102 underground is set up, the fire station was presumed to be a fire due to electric shock.

On February 18, 2014, the Plaintiff paid KRW 10,845,129, which was the damage caused by the instant fire, to D as insurance proceeds.

[Grounds] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the entire pleadings, and where a lessee’s duty to return an object of lease becomes unable to perform his/her duty to compensate for damages due to nonperformance, the lessee shall be responsible to prove that failure to perform his/her duty is not attributable to the lessee’s cause attributable to the cause attributable to the lessee. In cases where a leased building was destroyed by a fire and the cause of the fire is unknown, the lessee shall prove that the lessee fulfilled his/her duty of due care to preserve the leased building (see, e.g., Supreme Court Decision 200Da57351, Jan. 19, 2001). In view of the size and structure of the building, the leased part and other parts of the building constitute an integral structure in its mutual maintenance and respect.