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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 671,881,703.
Reasons
1. The court's explanation on this part of the basic facts is the same as the entry of "basic facts" in Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment of the first instance.
2. Determination on the main claim
A. The reasoning of the judgment of the court of first instance concerning the point where the fire of this case occurred and the responsibility for the possession and management of the fire of this case
2.(a)
Paragraph (1) is the same as the statement "the point of extinguishment and the responsibility for possession and management of the fire of this case", and this is cited by the main text of Article 420 of the Civil Procedure Act.
B. The fact that the rescue operation device, etc. of this case was owned by the defendant is no dispute between the parties, and the fact that the fire of this case occurred in the investigation agency where the defendant maintained and managed the building of this case and the fire of this case was relocated to the plaintiff as the leased part, etc. is as seen above. Thus, the defendant is liable to compensate for damages caused by the fire of this case pursuant to the proviso of Article 758(1) of the Civil Act.
C. 1) The grounds for the court’s explanation as to this part of the claim by the party to the claim are as follows.
2.(c)
1) The claim of the parties is identical to that of the “party’s assertion” as referred to in paragraph (a) and thus, it is quoted in accordance with the main sentence of Article 420 of
B) (1) According to the results of appraisal by the appraiser N of the trial and appraiser N of the instant case, the following facts can be acknowledged: (a) land processing equipment and house fixtures damage (A) 10-1 to 3, and 5-5; and (b) the total price of the house fixtures as indicated in Table 2 below is 151,584,158 won (i.e., the total market price of the house fixtures as listed in Table 1 below) on the leased part of the Plaintiff due to the instant fire; (b) the market price at that time is 151,584,158 won (i.e., the total market price of the house fixtures as listed in Table 1 below 17,307,468 won). The purchase price of the house fixtures as listed in Table 2 below is 134,276,690 won and the total market price of the house fixtures as listed in Table 2 at the time of the purchase of the name.