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1. The Defendant’s KRW 33,150,894 as well as 5% per annum from May 30, 2014 to September 18, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff concluded a fire insurance contract (hereinafter referred to as the “instant insurance contract”) that provides for the insurance period from September 27, 2012 to September 27, 2017, with respect to the area of 439.67 square meters (hereinafter referred to as the “instant building”) with respect to the three-story housing units on the ground of the 1st floor above the 1st floor of Seo-gu, Seo-gu, Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City B and Seoyang-si, Seoyang-si, which covers the damages caused by fire.
B. On March 28, 2014, the Defendant leased No. 101 of the instant building, and around 23:40 on March 28, 2014, the occurrence of fire that could not identify the cause of No. 101 of the instant building, which caused a fire, such as a 101 household and stairs room, outer walls, windows, etc.
C. Under the instant insurance contract, the Plaintiff paid KRW 47,358,420, which was all damages incurred from the instant fire, to B on April 24, 2014 and May 29, 2014.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), and the purport of the whole pleadings
2. Determination
A. Where a lessee’s obligation to return a leased object becomes impossible, if the lessee is not liable for damages due to nonperformance, he shall be responsible to prove that the nonperformance is not due to the lessee’s cause attributable to the lessee. In the event that a leased building was destroyed by a fire and the cause of the fire is unknown, if the lessee is exempted from such liability, the lessee shall prove that the lessee fulfilled his duty of due care to preserve the leased building. In light of the size and structure of the building, if the leased part and other parts were to be destroyed by the fire that occurred to the other parts of the building due to the fire structure, the lessee is in an indivisible relationship with the maintenance of the building without being limited to the leased part and the existence of the building is indivisible.