1. The Defendant: (a) KRW 48,69,832 to the Plaintiff, as well as KRW 5% per annum from February 5, 2015 to March 11, 2015; and (b) March 12, 2015 to the Plaintiff.

1. Basic facts

A. On August 7, 2013, the Defendant: (a) set the lease deposit amounting to KRW 40 million; (b) monthly rent of KRW 7 million; and (c) the lease period on August 7, 2016, the lease period of KRW 7 million, among the Seo-gu Incheon Metropolitan City Land Building (hereinafter “instant building”); and (d) the entire two floors of the factory building (dong) and the office building (dong) owned by B from August 7, 2013.

The Defendant operated the scrap metal collection company in the instant building.

B. With respect to the instant building between B and B, the Plaintiff concluded a fire insurance contract with the content that the Plaintiff secured the damage of B due to fire within the scope of KRW 120,000,000 (factory Dong, KRW 80,000,000,000,000).

C. On the other hand, on July 8, 2014, the Defendant concluded a property insurance contract between Samsung Fire & Marine Insurance Co., Ltd. and Samsung Fire & Marine Insurance Co., Ltd. with respect to the leased part of the instant building, namely, the second floor of the factory operation and office operation, which covers the damage caused by fire within the insurance amount of KRW 50 million.

around 02:00 on December 10, 2014, the instant building was damaged due to a cause and aesthetic fire between the factory building and the factory site among the instant building.

E. On February 4, 2015, the Plaintiff requested the International Adjustment Co., Ltd., a damage adjusting company due to fire, and paid KRW 48,69,832 insurance proceeds to B on February 4, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. The lessee who has occurred liability for damages and the right of indemnity shall fulfill the duty of due care as a good manager with respect to the preservation of the leased building, and where the lessee’s obligation to return leased object becomes impossible, if the lessee is exempted from the liability for damages due to impossibility of performance, he shall bear the burden of proving that the impossibility of performance is not attributable to the lessee

(see, e.g., Supreme Court Decision 2005Da51013, Jan. 13, 2006). Such a legal doctrine can be said to be a partial impossibility of performance.