1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 22, 2008, the Plaintiff was the owner of the second floor warehouse and neighborhood living facilities (hereinafter “instant building”) of Jung-gu, Jung-gu, Incheon. On January 22, 2008, the Plaintiff entered into a fire insurance contract (hereinafter “instant insurance contract”). As to the instant building, the Defendant and the Defendant entered into a fire insurance contract (hereinafter “instant insurance contract”).

B. The maximum amount of compensation for the instant insurance contract is as follows.

Fire damage - Building, maximum 10 million won fire damage - Fire damage - facility, maximum 30 million won, fire damage - office fixtures, maximum 20 million won expenses for removal of fixtures, and reimbursement of actual expenses within 10 percent of the amount of fire damage

C. The Plaintiff leased part of the instant building to C, and thereafter D transferred the said part. A fire around 05:00 on June 3, 2011 (hereinafter “instant fire”) occurred, and the part of the instant building and the interior materials, etc. were destroyed.

[Ground of recognition] The fact that there has been no dispute, Gap's 1, 2, 4, 5, 8, Eul's 1 through 4 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's fire of this case is caused by the non-existence of cause, and the defendant is obligated to pay the plaintiff the damages suffered by the plaintiff within the compensation limit in accordance with the insurance contract of this case.

Therefore, the Defendant should pay to the Plaintiff KRW 61,369,00,000, totaling KRW 41,369,000, and KRW 20,000,00, which was incurred by the Plaintiff as the cost of restoring the building and facilities (i.e., KRW 41,369,00,000, which was incurred by the Plaintiff as the cost of restoring the building and facilities).

B. Since the building of this case was restored to its original state by Defendant D, the lessee of the building of this case, already spent KRW 20,000,000,000, and the damaged part of the building of this case was entirely repaired, the Defendant’s damage caused by the fire of this case remains no longer.

Therefore, the defendant.