1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

The court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for adding the following Paragraph (2). Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant's assertion as to whether or not to prove negligence occurred at the trial of the court, and the fire of this case occurred as a matter of internal distribution of coffee machine in the office of this case, and the defendant did not neglect his duty of care as a good manager in the process of establishing, preserving, and using the coffee machine, and therefore, did not bear liability for damages arising from the fire of this case

Judgment

Where a lessee becomes unable to fulfill his/her duty to return an object due to the extinguishment of the object of lease due to fire, etc., the lessee shall be liable for damages incurred due to the nonperformance of the duty to return the object, if he/she fails to prove that the nonperformance was due to a cause not attributable to himself/herself, and the same shall also apply where the specific cause of the fire, etc.

In addition, this legal doctrine also applies to cases where a lessee seeking compensation for damages on the ground that the returned building was damaged by a fire, although the duty to return the leased object was not in an impossible condition at the time of termination of the lease (Supreme Court en banc Decision 2012Da86895, 86901 Decided May 18, 2017). In other words, in order for the Defendant to be exempted from liability for damages against the instant fire, it is insufficient to prove that the Defendant’s breach of the duty of due care was not revealed and that the Defendant did not have any breach of such duty

According to the statements in Eul evidence Nos. 1 through 3, the Gangnam Fire Fighting Force on the fire of this case was completely destroyed without the form of the coffee machine on the receipt of the office of this case, and it was found to be shaking on the internal ship.