beta
Text
1. The part against the defendant in the judgment of the first instance between the plaintiff and the defendant shall be revoked, and the revocation part shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer that entered into an insurance contract with C, which includes the insurance limit of KRW 150,00,00 with respect to the first floor underground and second floor buildings located in Dongdaemun-gu Seoul Metropolitan Government (Seoul Dongdaemun-gu, Road Name Address) and the second floor (hereinafter “instant building”) owned by C, and the insurance period from March 6, 2015 to March 6, 2035, to compensate for losses, etc. incurred by the instant building due to a fire (hereinafter “instant insurance contract”).
B. Between October 201 and November 201, C entered into a lease agreement between B with regard to the first underground floor (hereinafter “instant underground floor”) among the instant buildings, with a deposit of KRW 20,000,000, and the term of the lease from November 5, 2012 to November 4, 2014 (hereinafter “instant lease agreement”). Since the said lease term expired, the instant lease agreement was renewed on November 5, 2014.
C. On September 27, 2016, a fire (hereinafter “the instant fire”) occurred in the instant underground floor, and the instant underground floor was handed down. The inside of the first and second floors of the instant building was damaged to Eul, and the entrance, stairs, etc. of the instant building was damaged by drinking and fire water.
On December 19, 2016, the Plaintiff paid insurance money of KRW 26,59,859 to C, the insured of the instant insurance contract, for the damage incurred from the instant fire.
[Based on Recognition] The facts without dispute, Gap evidence 1 to 9 (the evidence numbered shall include each number), each of Gap evidence (the evidence Nos. 2, 4, and 8 shall include each video), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the plaintiff's assertion B is the lessee who leased the underground floor of this case from C with the consent of C, and the defendant is the former lessee who leased the underground floor of this case from B with the consent of C, and the defendant stores and keeps the underground floor of this case to C.