1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who entered into a fire insurance contract on three parts of the building on the C ground location panel in Gwangju City owned by Gwangju City, and the Defendant leased part of the building in question and used it as the office (hereinafter “instant office”).

B. On May 12, 2014, a fire (hereinafter “instant fire”) occurred in the instant office around 02:42 on May 12, 2014, and the operation of the said panel’s building and the movement adjacent thereto was relocated.

C. On August 22, 2014, the Plaintiff paid KRW 158,232,635 with respect to the instant fire damage.

[Ground of recognition] Facts without dispute, Gap 3, 6 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion (1) The Defendant, as the lessee of the instant office, is obligated to deliver the above office part to B upon the termination of the lease agreement, but is not able to deliver the above office part to B. Therefore, the Defendant is obligated to compensate for the damages caused by the instant fire pursuant to Article 390 of the Civil Act.

(2) As the person in charge of possession and management of the instant office, the Defendant neglected to take safety measures to prevent fire in the said office or to take safety measures to prevent the spread of the office even if a fire occurred, and there is a defect that caused the instant fire at the instant office. As such, the Defendant is liable to compensate for damage caused by the instant fire pursuant to Articles 750 and 758 of the Civil Act.

(3) Therefore, the Defendant is liable to pay damages to the Plaintiff, who subrogated B, KRW 158,232,635, and damages for delay.

(4) Even if the Defendant and B used the instant office together, the Defendant, as a joint owner and manager of the said office, is the Plaintiff who subrogated B pursuant to Articles 390, 750, and 758 of the Civil Act.