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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the pertinent building, including D, E, F, G land and the instant building (hereinafter referred to as “instant building”) in Gwangju City. The Plaintiff is the owner of each of the instant land and the instant building collectively referred to as “instant real estate”).
B. On November 14, 2014, the Plaintiff entered into a lease agreement with Defendant B to lease the instant real estate in KRW 50,000 (hereinafter “instant lease agreement”) from December 7, 2014 to December 7, 2016, and monthly rent of KRW 3,500,000 (hereinafter “instant lease agreement”).
C. Defendant B completed business registration under the name of Defendant C after the Plaintiff’s delivery of the instant real estate, and operated a business package with the name of “H” to experience animals.
The instant lease agreement was extended once from December 8, 2016 to December 7, 2018 pursuant to a special agreement on the guarantee of re-contract. On December 21, 2016, at around 2000:56, the first floor and second floor of the I-dong building (hereinafter “instant fire”) were destroyed by a fire that cannot be discovered in the wooden-si EI-dong building (hereinafter “I-dong building”), which is a wooden-dong building, among the instant building, and approximately 15 square meters out of the F J-dong building (hereinafter “J-dong building”) was destroyed, and part of the trees (hereinafter “the instant trees”) planted in the instant real estate was destroyed.
E. Defendant B subscribed to the fire insurance product provided by K with respect to the Idong building. On January 25, 2017, K Co., Ltd. paid KRW 40,000,000 insurance money to the Plaintiff on January 25, 2017.
F. Also, the Plaintiff’s spouse M was involved in the conclusion, etc. of the instant lease contract on behalf of the Plaintiff. M was financed by N as collateral for the instant building, and purchased fire insurance products provided by O Co., Ltd. on the instant building, and O Co., Ltd. on April 3, 2017.