1. The plaintiff's claim is dismissed.

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

Basic facts, B (hereinafter “B”) is the owner of the 2nd underground floor and the 7nd ground-based building located in Daegu-gu, Daegu-gu (hereinafter “instant building”), which was completed around October 2010, and around May 2014, the 6 and 7th floor of the instant building was changed to a public bath, and the 5th floor was leased to D around June 2014, and on March 1, 2015, the Defendant leased the term of lease to the Defendant from March 1, 2015 to February 28, 2018, and the Defendant began to operate the 5th floor as public bath by taking over facilities, interior, equipment, etc. from B as they were, and operating the 6 and 7th floor as public bath.

On December 24, 2014, between B and B, the Plaintiff entered into a comprehensive property insurance contract with the insurance period from December 24, 2014 to December 24, 2015 with respect to the instant building, the insurance amount of KRW 9.75 billion (the building KRW 9.65 billion, the machinery KRW 10 million).

In addition, on April 7, 2015, the Defendant concluded a comprehensive insurance contract with respect to the 5,6, and 7th floor of the instant building from April 7, 2015 to April 7, 2018, with respect to the insurance coverage amounting to 500 million won (250 million won of the building, 100 million won of the loss of the machinery, 100 million won of the loss of the equipment, 50 million won of the loss of the equipment, and 50 million won of the fixtures).

On August 9, 2015, around 05:30 on August 9, 2015, a fire occurred in the Yellow Basa located in the 6th female bath of the instant building (hereinafter “instant fire”). On November 17, 2015, the Plaintiff paid KRW 42,031,830, excluding the share of the Korean Commercial Insurance out of 89,862,870, which was caused by a fire, to the Plaintiff.

[Based on recognition] In the absence of dispute, the Plaintiff’s obligation to return the leased object of the allegation becomes impossible, unless it proves that the lessee is not due to a cause attributable to himself/herself, as well as the performance. In the event that the Plaintiff’s obligation to return the leased object of the allegation becomes impossible to fulfill its obligation to return the leased object of the allegation, the Plaintiff’s obligation to return is not due to the cause attributable to himself/herself.