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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In cases where a fire, which occurred in the part of a building owned by a lessor that was partially leased for use and profit-making, destroyed the part of the building that was not the leased building (hereinafter “non-leased part”), and property damage was incurred to a lessor, the lower court proves that the lessee breached the contractual duty of a lessee regarding the occurrence of a fire, such as providing the cause of the fire by violating the duty of preservation and management, and proximate causation exists between the lessee’s breach of contractual duty and the damage to the non-leased part, and where damage to the non-leased part constitutes ordinary damages due to such breach of contractual duty, or where the lessee is deemed to fall under damages due to special circumstances that the lessee knew or could have known, the lessee is liable to compensate the lessor for damage to the non-leased part of the building pursuant to Articles 390 and 393 of the Civil Act (see, e.g., Supreme Court en banc Decision 2012Da86895, 2012Da86901, May 18, 2017).