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1. Revocation of a judgment of the first instance;
The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 7, 2011, the Plaintiff is an insurer who entered into an insurance contract with C to compensate for losses caused by fire with the factory building located D (hereinafter “instant building”). On December 5, 2011, the instant building was destroyed due to a fire that caused the instant building (hereinafter “instant fire”) around December 11, 201, and the Plaintiff paid KRW 109,21,811, total amount of the insurance proceeds as compensation for losses caused by the instant fire to C by January 19, 2012.
[Ground for Recognition: Facts without dispute, entries or images of evidence A or the purport of whole pleadings]
2. The assertion and judgment
A. The plaintiff's assertion is the lessee who leased the building of this case from C. Since the duty to return the building of this case, which is the object of lease to the defendant C, was impossible to perform due to a fire, the defendant is liable to compensate C for the non-performance of the duty to return the object of lease.
However, the Plaintiff paid KRW 109,211,81 of the insurance proceeds from the instant fire to C, and acquired by subrogation the damage claim arising from the nonperformance of the obligation to return the leased object to C pursuant to Article 682 of the Commercial Act. As such, the Defendant is obligated to pay KRW 109,211,811 to the Plaintiff.
B. First, as to whether the Defendant leased the instant building on January 19, 2012, which was at the time of the occurrence of the instant fire, based on the following: (a) the Defendant’s individual entrepreneur’s personal entrepreneur’s name on August 30, 2005, 35 million won, monthly rent, 3.5 million won from September 30, 2005 to September 29, 2007; and (b) the Defendant leased the instant building on June 13, 2007, by setting the lease deposit from C, with the name of “G” and the entire purport of the pleading as a whole.
The lessor was established, and the lessor C was non-party company on June 13, 2007.