1. The Defendant’s KRW 22,661,375 as well as 5% per annum from February 15, 2019 to November 7, 2019 as to the Plaintiff.

Basic Facts

On January 10, 2017, the Plaintiff concluded an insurance contract “E” (hereinafter “instant insurance contract”) with the content that, between January 10, 2017 and January 10, 2020, the insured Party C, and the insurance period from January 10, 2017 to January 10, 20, among the buildings located in D at the time of Jinju, the subject matter of the insurance was set as follows: (a) the subject matter of the instant lease (the ceiling of KRW 100 million) and movable property (the ceiling of KRW 50 million) to compensate for the loss suffered by the insured.

C around April 25, 2012, around April 2012, the Defendant entered into a lease agreement with the Defendant on the condition that the first floor and the underground part of the above building (hereinafter “the leased object of this case”) KRW 10 million, monthly rent of KRW 700,000, and the lease period shall be 24 months from the date of the contract to lease the leased object of this case as a warehouse. C uses the leased object of this case as a warehouse upon delivery.

(E) On December 12, 2018, around 04:58, a fire that is presumed to have been caused by electrical factors on the electric wires installed at the upper ceiling inside the leased object of this case (hereinafter “the fire accident of this case”) and caused damage to the leased object of this case, facilities, movables, etc. in the leased object of this case, or damage to the fire or to their interest.

The FF Co., Ltd. requested by the Plaintiff was assessed as KRW 38,016,936, and the amount of movable property damages as KRW 91,128,749, respectively.

On February 14, 2019 according to the instant insurance contract, the Plaintiff paid 50,000,000 won to the insured C as movable property damages with the insurance proceeds from the instant fire accident.

[Ground of recognition] In the absence of dispute, where the lessee’s obligation to return the object becomes impossible due to the occurrence of liability for damages and the occurrence of the overall purport of the pleadings, and the occurrence of liability for damages caused by fire, etc., of the subject matter of general legal doctrine, the lessee is obliged to return the object unless he/she fails to prove that the nonperformance was due to a cause not attributable to himself/herself.