1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. (1) The Plaintiff, as an insurance company, concluded a fire insurance contract with the Jongno-gu Seoul Metropolitan Government Buildings (hereinafter “instant buildings”) and its inner tools as the subject matter of insurance.

(2) The Defendant is a person who leased the instant building No. 103 under the ground from B.

B. (1) On February 6, 2013, around 10:18, the occurrence of a fire, which occurred under 103 under the ground of the instant building leased by the Defendant, and the occurrence of damage, including that part, was destroyed by the fire.

Accordingly, the Plaintiff paid KRW 50,284,734 as insurance money to B in accordance with the fire insurance contract above.

(2) According to the result of the appraisal of the causes of fire by the Korea Electrical Safety Corporation, the first point of extinguishment was presumed to be the central part of the above underground 103, and the possibility of fire occurrence by electrical causes could not be ruled out, which is presumed to have occurred in the distribution line such as the type of the entrance entrance.

(3) In addition, according to the results of the appraisal of the causes of fire by the National Institute of Scientific Investigation, it was found that there was a possibility of early combustion in the part of the stability period in light of the fact that the string of floors is distinguished from the inner power lines of the mechanical stability machine installed inside the type light, etc. (the safety machine is a device that prevents the increase of electricity connected with the type light and series of class, not specified, and requires specialized construction at the time of replacement). [The grounds for recognition: facts without dispute, Gap's evidence, Eul's evidence Nos. 1 through 4, Eul's evidence Nos. 1, 2 and 3, the purport of the whole

2. The assertion and judgment

A. The Plaintiff asserted that the fire occurred in the instant building is due to the Defendant’s breach of the fiduciary duty as the lessee, and thus, the Plaintiff is obligated to pay the fire insurance proceeds to the Plaintiff, who acquired the right of compensation for damages against the Defendant B by paying the fire insurance proceeds to the lessor B.