The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 47,377 won to the Plaintiff (Counterclaim Defendant) from January 31, 2019 to October 6, 2020.

1. Facts of recognition;

A. The Plaintiff is the owner of the second floor building located in Busan Jin-gu, Busan (hereinafter “instant building”).

B. On October 2, 2014, the Plaintiff entered into a lease agreement with the Defendant on the second floor D of the instant building (hereinafter “instant lease agreement”) with a deposit of KRW 2,00,000, monthly rent of KRW 150,000, and the period of 12 months. The said lease agreement between the Plaintiff and the Defendant continues to be renewed and the following is renewed:

It was maintained until the occurrence of the fire described in the subsection.

C. On January 31, 2019, at around 08:50, fire occurred in the leased premises of the instant building, the leased premises of the instant building were removed, and the wall, etc. of the instant building was damaged and damaged.

(hereinafter “instant fire”). D.

On August 12, 2019, the Plaintiff received insurance money of KRW 19,965,569 from E Co., Ltd. for the damage (such as the cost of restoration and repair, and the cost of removal of remaining things) to the instant building due to the instant fire.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 11, 12, Eul evidence Nos. 5 and 12, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion was that the Defendant neglected to preserve the leased object by fulfilling the duty of due care as a lessee of the leased portion, and to return it to the Plaintiff as the lessor at the time of termination of the lease, thereby causing the instant fire.

Accordingly, the Defendant’s obligation to return the leased object was impossible, and the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant fire.

The Plaintiff suffered damages of KRW 26,34,30 as the instant fire, and received KRW 19,965,569 with the fire insurance proceeds of the instant building. As such, the Defendant is liable to pay the Plaintiff the remainder of KRW 6,378,761 less the above insurance proceeds, and the delay damages therefrom.

B. 1) Whether liability for damages occurred or not is among the instant leased premises of this case.