1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. Of the total costs of litigation, the participation by the Plaintiff is attributable to the participation.

Facts of recognition

A. On May 18, 2012, the Plaintiff entered into a housing fire insurance contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) and the subject matter of the insurance with the third floor of the building on the ground D in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”); the Intervenor, the insured, and the period of the insurance from May 18, 2012 to May 18, 2013; and the amount of the insurance policy with the fire KRW 300 million.

B. On October 8, 2011, the Defendant leased Non-02 units of the instant building from the Intervenor to KRW 55 million for the lease deposit, and from November 8, 2011 to November 8, 2013, the Defendant decided to change the part leased between the Intervenor and the instant building into Non-01 (hereinafter “non-leased”) among the instant building around May 8, 201, and received delivery of the leased parts around that time.

C. On June 5, 2012, around 22:35, a fire that could not identify the cause in the leased part of the instant case where the Defendant was residing, was destroyed by the interior finishing materials and household gate of the leased part of the instant case, and the interior finishing materials and household gates of the neighboring household were destroyed or damaged by the interior finishing materials and household gates of the neighboring household.

(hereinafter “instant fire”). D.

On May 6, 2014, the Plaintiff paid KRW 20,708,953 to the Intervenor, including KRW 17,842,662 equivalent to the amount of damages of the leased portion of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, assertion of parties to the purport of whole pleadings

A. The Plaintiff is an insurer who paid damages to the Intervenor, who is the insured, due to the instant fire, to the extent of the insurance proceeds payable under Article 682 of the Commercial Act. The rights of the Intervenor, who is the insured, may be subrogated within the scope of the insurance proceeds payable. The cause of the instant fire is presumed to be a fall due to the electrical factors and contact failure, which began in the bedroom of the instant leased part, and the Intervenor, as the lessor of the leased part of the instant case, caused the nonperformance of the obligation to return the leased object.