1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a property insurance contract with C and Busan Young-gu D and its facilities and fixtures.

The defendant is a person who leased and resided in the above building E (hereinafter referred to as "studio of this case") from C.

B. On January 14, 2018, at around 15:20, a fire that was caused in the studio of the instant case (hereinafter “instant fire”) occurred between the Defendant’s out-of-the-door and a part of the studio and the studio were destroyed.

The amount of damages caused by the instant fire is 21,156,875 won in total.

C. On March 29, 2018, the Plaintiff paid KRW 18,474,00 of the insurance proceeds from the instant fire to C.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 2, 3, 9, 10, 19 through 22, and the purport of the whole pleadings

2. The parties' assertion

A. Since part of the studio and the studio of this case were destroyed due to the fire of this case, the defendant is liable for compensating the damages caused by the fire pursuant to Article 390 of the Civil Act as the studio tenant of this case. Under Article 682 of the Commercial Act, the above insurance money shall be paid to the plaintiff who acquired by subrogation of the right to claim damages in accordance with Article 682 of the Commercial Act.

B. The defendant asserted that the fire of this case occurred because the fire of this case occurred in the area controlled and managed by the lessor, since the fire of this case occurred in the area controlled and managed by the lessor, the defendant is not liable to compensate for damages caused by the fire of this case, since the fire of this case occurred in the area controlled and managed by the lessor.

3. Determination

A. Where the lessee’s obligation to return the leased object becomes impossible due to the extinguishment of the leased object due to a fire, etc., the lessee shall bear the burden of proving that the lessee is due to a cause not attributable to himself/herself.