1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 49,499,322 on June 2013.

1. Facts of recognition;

A. On May 31, 2012, the development of a house in question, a corporation (hereinafter “Japanese Housing Development”) concluded a fire insurance contract with the Plaintiff, an insurance company, with respect to the instant factory building on the ground of Gyeyang-gu Incheon, which is its ownership.

B. The Defendant leased and operated a part of the instant factory buildings (hereinafter “instant store”) from the development of one’s house.

On March 14, 2013, at around 02:30, a fire occurred in the instant store and the instant store destroyed by fire.

In the jurisdictional fire fighting division, three electric stoves inside the store of this case are directly connected to the entire part of the unit, the stoves are found in the electrical distribution line of the part of the office, and the type of the stoves, clothes, shocks are extinguished, and the fire of this case was presumed to have occurred due to electric stoves adjacent to the electric stoves or the electric stoves connected to the electric stoves.

C. Due to the instant fire accident, a total of KRW 98,98,645 (the 12,530,079 neighboring stores of KRW 86,468,566) incurred damages to the instant factory building itself, and the Plaintiff paid the said amount as insurance money to the housing development company on June 25, 2013 in accordance with the said insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 24, the purport of the whole pleadings

2. Determination

A. (i) Where a lessee is unable to fulfill his/her duty to return the leased object, if the lessee is liable for damages due to nonperformance, he/she shall be responsible to prove that the nonperformance is not attributable to the lessee; and even if the leased building was destroyed by fire and the cause of the fire is unknown, the lessee has fulfilled his/her duty of care as a good manager for the preservation of the leased building.