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1. The plaintiff's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.
Reasons
1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is identical to the ground of the judgment of the court of first instance, except where the judgment on the assertion of the plaintiff and the intervenor assisting the plaintiff is added as set forth in the following 2, and thus, it is acceptable in accordance
2. The addition;
A. The fire alleged by the Plaintiff and the Plaintiff’s Intervenor occurred at the low temperature warehouse of this case leased by the Defendant, and the cause of the fire of this case is unknown. The Defendant is not deemed to have fulfilled the duty of due care as a lessee of the low temperature warehouse of this case at the time of the instant fire, and thus, the Defendant is liable to compensate for the lessor’s damages due to nonperformance of the duty of due to the nonperformance of return of the low temperature warehouse of this case
B. Where the lessee becomes unable to fulfill his/her duty to return the leased object due to the extinguishment of the leased object due to a fire, etc., the lessee is liable to compensate for damages incurred due to the nonperformance of the duty to return the leased object unless the lessee proves that the nonperformance was due to a cause not attributable to himself/herself. The same applies to cases where the specific cause of a fire, etc.
In addition, this legal principle also applies to cases where the return of leased object is not in an impossible condition at the time of termination of the lease, but the returned building seeks damages on the ground that it was damaged by a fire.
Meanwhile, a lessor is obligated to deliver the leased object to the lessee and to maintain conditions necessary for the use and profit-making during the lease term (Article 623 of the Civil Act). If a fire that occurred during the lease term is presumed to have occurred due to a defect existing in an area controlled and managed by the lessor, repairing and removing the defect is to be maintained in a state necessary for the use and profit-making of the leased object.