1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that aims to carry on insurance business, etc. under the Insurance Business Act and relevant Acts and subordinate statutes.

B. Around January 2005, B leased the entire building of the general steel structure, sand site location panel, etc. (hereinafter “instant building”) located in C in the South Sea as KRW 10,000,000, monthly rent of KRW 1,200,000 from D, the owner of the instant building, and operated a restaurant (hereinafter “E”) with the trade name “E” in part of the instant building from January 2006.

C. B, around December 10, 2010, with the consent of the lessor D, obtained the Defendant with the lease agreement, set the lease deposit of KRW 10,000,00, monthly rent of KRW 300,000, and the lease period of KRW 24 months from December 10, 2010. The Defendant operated the real estate office (hereinafter “F real estate office”) with the trade name “F real estate” at the place around that time.

On February 8, 2012, at least 05:50 minutes, a fire (hereinafter “instant fire”) occurred in the instant real estate office, and as a result, the interior facilities of the instant restaurant and television, air-combined, air-conditioning, air-conditioning, and kitchen supplies, etc. were destroyed.

E. B around January 2012, around January 11, 2012, the insurance period was from January 11, 2012 to January 11, 2017, and B entered into a business-based dividend insurance contract (hereinafter “instant insurance contract”) with the subject matter covered by the total facilities of the instant restaurant (in-house and outside the interior interior interior interior interior) and the total fixtures, etc., the purchase price of which was KRW 70,00,000 to compensate for losses, etc. caused by fire.

F. On May 11, 2012, the Plaintiff paid KRW 25,99,491 to B, as insurance money, KRW 25,99,491 as insurance money for the damage of the instant restaurant facilities and the house fixtures caused by the instant fire in accordance with the instant insurance contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings.