보증채무금
1.The judgment of the first instance court, including a counterclaim claim extended at the trial, shall be modified as follows:
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for the court’s explanation in this part is the same as “1. Basic Facts” among the grounds for the judgment of the court of first instance, and thus, this part of the reasoning is accepted by the main text of Article 420 of the Civil Procedure Act.
3. Summary of the defendant's counterclaim
A. The instant fire is presumed to have occurred when electric wires presumed to have been supplied as electric power lines to the right singinging room, and thus the fire is presumed to have been cut off. Therefore, the Plaintiff is responsible for the fire.
Therefore, the Plaintiff is obligated to pay the Defendant KRW 151,465,621 (the cost of restoring the building to its original state, KRW 104,615,621) (the cost of restoring the building to its original state, KRW 7,070,00, KRW 39,780,00) with the cost of restoring the leased object, including the concrete package, and the cost of treating the remaining object due to fire.
B. The Plaintiff did not pay KRW 831,612, out of the rent prior to the termination of the instant lease agreement. Although the instant lease agreement had been terminated, the Plaintiff did not perform its duty to restore the leased object, thereby causing damage to KRW 18,480,00, which is the amount equivalent to the rent for four months, and thus, the Plaintiff is obligated to pay each of the above amounts.
C. Therefore, the Plaintiff is obligated to pay 120,77,233 won (151,465,621 won) (151,621 won 831,612 won - 50,000 won - 50,000 won) calculated by deducting 50,00,000 won from the sum of the above damages.
4. Determination
A. The reasons why the court should explain this part of this Court's liability for damages caused by the fire of this case are to delete the part within the boundary of the 7th to 12th, and the part of the 6th to 7th, except for the addition of the 7th, the following parts from the last end to the last end of the judgment of the first instance.