1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. B is the owner of the wooden Tramba roof located in Busanjin-gu, Busan (hereinafter “the instant building”). The Defendant leased the first floor and the second floor of the instant building (hereinafter “the leased object”) and operated the “Drown-do”, and the Plaintiff is the insurer who entered into a contract with the insured to compensate for the damage suffered by B in the event of a fire on the instant building and the house fixtures.

B. On October 8, 2007, around 22:34, a fire occurred in the guest room of the 1st floor of the instant building, and the inside of the 1st floor of the building was destroyed (hereinafter “instant fire”).

C. On October 31, 2007, the Plaintiff paid KRW 20,540,394 as insurance money to B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the cause of the fire was not revealed, and even if the cause of the fire was destroyed by a fire, if the cause of the fire is unclear, the lessee must prove that the lessee fulfilled his duty of care to preserve the leased building. As the Defendant, who was the lessee, did not prove this, shall be liable for damages arising from nonperformance of the duty of care.

In addition, the Defendant, as the possessor of the leased object of this case, is liable to compensate for the damage B caused by the fire, since the fire occurred due to negligence, although the Defendant neglected to perform its duty to prevent fire through the inspection and management of locking devices, etc. of the fire.

Therefore, the defendant is liable to pay the insurance money paid to B to the plaintiff who is indemnified in accordance with the subrogation doctrine.

B. The Defendant’s assertion that the instant fire occurred on the ship line of the leased object of this case is the instant building.