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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 23, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease the building 100.955 square meters of the prefabricated-gu Seoul Northern-gu 1st floor (hereinafter “instant building”) owned by the Plaintiff by setting the lease deposit amount of KRW 5 million, annual rent of KRW 4.5 million, and the period from June 10, 201 to June 9, 2013.
B. The Defendant, while leasing the instant building, concluded an non-party Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) with the non-party Samsung Fire and Property Fire Insurance Co., Ltd., and immediately after concluding a lease agreement on the instant building, transferred the instant building from the Plaintiff and operated the instant building as “D” in mutual name from that time.
C. On March 27, 2012, around 00:14, a fire (hereinafter “instant fire”) presumed to have been emitted due to the falls of electric power lines (30/18m/2C code) connected to the kitchen, etc. of the instant building (hereinafter “instant fire”). The instant building was entirely destroyed due to the instant fire; the instant building was destroyed by Nonparty E’s car car car 1st and Nonparty G owned by Nonparty E, parked in front of the instant building, and the car was destroyed by one french, and the car was destroyed by one french. A part of Nonparty 1’s building adjacent to the instant building was destroyed by a fire.
The Defendant received the fire insurance money from Samsung Fire on May 15, 2012, and paid KRW 33,951,290 among them to the Plaintiff.
[Evidence] Facts without dispute between the parties, entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. The parties' assertion
A. Since the fire of this case occurred due to the negligence of the defendant alleged by the parties, and the damage was caused to the building of this case owned by the plaintiff, it is compensation for tort under Article 750 of the Civil Act or pursuant to the main sentence of Article 758(1) of the Civil Act, which is the possessor of the building of this case, and the defendant is the plaintiff