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. The Plaintiff entered into a housing fire insurance contract with C by setting as “from November 24, 2011 to November 24, 2012, with respect to multi-family houses located in Daegu Northern-gu, Daegu-gu, C owned (E)” as “from November 24, 2011 to November 24, 2012.”

B. On February 23, 2012, around 04:05, the first instance trial co-defendant B (hereinafter “B”) who resided in the said multi-family house 103 square meters (hereinafter “the instant house”) attached a string with a string with a 26 square meters of the instant house and 16 square meters of a stairs room, etc., where he was in possession of a 26 square meters of a 33 square meters of the instant house, while drinking alcohol.

(hereinafter “instant fire”). C.

On April 10, 2012, the Plaintiff paid C KRW 28,181,123 (i.e., the cost of removing remainder of KRW 26,897,219 for building damage) with the insurance proceeds from the instant fire (i.e., KRW 1,283,904).

On the other hand, on October 15, 201, the term “3 million won as security deposit,” “monthly rent and management fee of 300,000 won,” “from October 17, 2011 to October 16, 2012”, “Lessor C” and “Lessee Defendant” were drafted.

(hereinafter referred to as “instant lease agreement”). 【Ground of recognition”, 【No dispute exists, Party A’s Nos. 1 through 5, and the purport of the whole pleadings.

2. The parties' assertion;

A. The plaintiff's assertion is a lessee under the instant lease agreement, and the defendant bears the duty of due care as a good manager with respect to the preservation of the instant house, which is the object of lease until the termination

However, given that the Defendant’s obligation to return the leased object that the lessor owes to C due to the instant fire was impossible, the Defendant is liable for damages due to nonperformance to C, and the Plaintiff paid insurance money to C, thereby acquiring the above right to claim damages by subrogation.

Therefore, the defendant is liable to compensate the plaintiff for damages equivalent to the insurance money.

B. The party who entered into a lease contract with respect to the instant house alleged by the Defendant is B.