1. The Defendant (Counterclaim Plaintiff) paid KRW 77,00,000 to the Plaintiff (Counterclaim Defendant) as well as the Plaintiff’s amounting to KRW 6,01,00 from September 6, 2013 to February 6, 2015.

1. Basic facts

A. On February 7, 2012, the Plaintiff entered into a contract with the Defendant to lease approximately KRW 468 square meters of a golf practice range (hereinafter “instant golf practice range”) among approximately 580 square meters of a 1st floor building in Gwangju-si, Gwangju-si (hereinafter “instant building”) owned by the Defendant, with a lease deposit of KRW 100 million, KRW 300,000 per month, and the lease term of KRW 15,000 from February 15, 2012 to February 15, 2015 (hereinafter “instant lease contract”).

B. In the instant building, each of the instant stores, “D”, “E”, and “F” (hereinafter “each of the instant stores”) located in addition to the instant golf practice range.

C. On September 13, 2013, when the Plaintiff was operating in the instant golf driving range as “G”, the fire occurred in the instant building (hereinafter “instant fire”) and destroyed most of the instant golf driving range, and each of the instant stores was partially destroyed.

The results of the recognition of the Gyeonggi Provincial Police Agency Scientific Investigative Team (hereinafter referred to as the "Game Provincial Police Agency") and the Seoul National Research Institute of Science and Investigative Research (hereinafter referred to as the "National Research and Investigation Institute") related to the fire extinguishment point and the cause of combustion are as follows.

As a result of the sense of the Gyeonggi Provincial Police Agency - The degree of indoor combustion is presumed to have been seriously identified if it was launched inside the practice room of the instant golf driving range, and the shape of the indoor combustion is not distinguished between the parts of the panel where the waste trees are loaded, and the waste trees which have been loaded on the string are considered to have been laid down in the lower part, and it is possible to determine the string part as the part where the waste trees on the outside side of the instant golf driving range were loaded on the outside side of the building - The electrical peculiar features that can be seen as having been turned out from the inside of the instant golf driving range are not identified, and all of the people inside the practice hall are also cut off in the course of evacuation (a blocking light light etc.).