1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, an insurance company, entered into a fire insurance contract (hereinafter “instant insurance contract”) with C Daewon, the owner of the building located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant building”), setting the insurance period from October 13, 2014 to October 13, 2015 with respect to the instant building as C Taewon, and entered into a fire insurance contract (hereinafter “instant insurance contract”).

B. On January 21, 2013, the Defendant entered into a lease agreement with CJ on the condition that part of the warehouse of the first floor of the instant building will be leased from February 28, 2013 to March 1, 2015 (hereinafter “instant lease agreement”), and the instant warehouse was handed over from CJS to be used as a clothing storage.

C. On May 28, 2015, at around 01:35, a fire (hereinafter “instant fire”) occurred on the first floor of the instant building, and the inside of the warehouse and the part of the non-use warehouse managed by the CF and CF, and the inside of the board, the board, and the house equipment, etc. of the instant building were destroyed or damaged.

The Plaintiff assessed the damage incurred to the instant building, which is the subject matter of insurance, as KRW 33,110,422 due to the instant fire, and paid KRW 20,579,193 of the insurance money to C Taewon by August 24, 2015 according to the instant insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1, 2 and 5, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the duty to return the leased object was impossible to the lessee due to the instant fire. However, the Defendant is liable to compensate for the damages caused by the said fire to the CJ, a lessor, as liability for damages arising from nonperformance of a contractual obligation under the instant lease agreement.

However, the plaintiff can subrogate his claim for damages by paying the insurance money to C&C members according to the insurance contract of this case. Thus, the defendant can subrogate his claim for damages to the plaintiff.