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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that entered into a factory fire insurance contract with the Namdong-gu Incheon Metropolitan City building C (hereinafter “First Building”) and D building (hereinafter “Second Building”), and the Defendant is a person who leased a first building from B and operates E.
B. On November 17, 201, the Defendant entered into a sublease contract with the co-Defendant Co-Defendant 1, Co-Defendant 1, Ltd., Ltd. (hereinafter “Cocks”) regarding a part of 430 square meters of the building 1, between December 5, 2011 and December 4, 2013, with respect to a sublease contract with regard to a portion of 430 square meters of the building 1, and the Cock has been manufacturing containers, such as cosmetics, by occupying and using the said sub-lease from around that time.
C. On April 4, 2013, around 23:46, a fire occurred in the part occupied and used by a character license among the first building, and thus, the first building and the second building were destroyed (hereinafter “instant fire”). D.
At the time of the occurrence of the instant fire, there was no person at the site, and the site identification point as a result of the on-site identification may be limited to the part of plastic containers accumulated in front of the entrance of the character, but the accurate cause of the fire was not revealed.
E. On August 9, 2013, the Plaintiff paid the insurance proceeds of KRW 137,063,889 with respect to the damage of the first building and KRW 15,673,146 with respect to the damage of the second building, the Plaintiff paid the insurance proceeds of KRW 152,737,035 in total.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6 (including each number), Eul evidence 2-1, the purport of the whole pleadings
2. The assertion and judgment
(a) Where the lessee’s liability for the return of the leased object becomes impossible, the lessee shall be responsible to prove that the nonperformance is not attributable to the lessee’s cause attributable to the lessee, and where the leased building was destroyed by fire and the cause of the fire is unknown, if the lessee is exempted from such liability, the leased building shall be leased;