1. The Defendant’s KRW 184,089,192 and KRW 77,326,928 among the Plaintiff and KRW 106,762,264 among the Plaintiff.

1. Basic facts

A. The Plaintiff concluded an insurance contract with respect to the Insured C Co., Ltd. (hereinafter “insured”) and the building located in the Gu (hereinafter “instant building”) and the household fixtures during the Gyeonggi-si period (hereinafter “instant building”) with respect to the insurance period from October 12, 2014 to October 12, 2015.

B. The instant building was leased by the insured from F Co., Ltd., and the Defendant occupied and used 1/2 of the building around August 20, 2014 again from the insured.

C. On April 22, 2015, around 14:12, the part of the building of this case, where the Defendant’s employees were protruding to the front part of the building of this case, resulting in a fire that was destroyed by a fire for cooking due to an unforeseen cause while the Defendant’s employees were protruding to the front part of the building of this case (hereinafter “the fire accident of this case”).

The police station and the fire station that investigated the cause of the instant fire were investigating the cause as “influence during cooking food.”

Due to the fire accident of this case, the steel frame of the building of this case was contaminated, outer walls and fireproof walls, ceiling board and electric installations were damaged, and the house fixtures in the building caused damage or damage caused by small losses or contamination.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 13, the purport of the whole pleadings

2. Where the lessee becomes unable to fulfill his/her duty to return the object due to the extinguishment of the object leased for damage due to fire, etc., the lessee shall be liable to compensate for the damage incurred due to the impossibility of performance of the duty to return the object, unless he/she proves that the impossibility was due to a cause not attributable to him

This legal principle applies equally to cases where the returned leased building seeks damages on the ground that the building was damaged by fire.

On the other hand, a fire occurs in the leased part of a building owned by a lessor that was partially leased for use and profit-making.