1. The Defendant (Counterclaim Plaintiff) paid KRW 16,752,817 to the Plaintiff (Counterclaim Defendant) and its related amount from May 11, 2017 to April 24, 2018.

Basic Facts

On February 10, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on the condition that the lease deposit amount is KRW 10,000,000, monthly rent is KRW 450,000, and the lease period is 24 months from the date of the contract, with the content that the lease is leased (hereinafter “instant lease agreement”) among KRW 105,000,000 of the first floor neighborhood living facilities (retail stores) of the building indicated in the attached list owned by the Plaintiff (hereinafter “instant building”).

After the conclusion of the instant lease agreement, the Defendant engaged in the sales and repair business of Obaba in the name of “C” in the instant real estate.

On February 7, 2017, at around 19:49, the Defendant carried out repair work on the part of the instant real estate, while leaving a studio. While there was a fire within the instant real estate, the Defendant attempted to extinguish the fire as a fire extinguishing machine, but the fire was destroyed within the instant real estate and failed to extinguish the fire.

(hereinafter “the instant fire”). The instant fire caused the destruction of facilities and materials inside the instant real estate, and the damage was inflicted on the neighboring stores of the instant real estate, and the damage was inflicted on the two floors, the third floor, the corridor, the ceiling, and the windows of the instant building, which were damaged or damaged.

With respect to the fire cause of this case, the Busan Regional Police Agency investigated the cause of the fire of this case as follows: “The possibility of the fire of this case is presumed to be the point of combustion, the cause of the fire can be excluded from the possibility of the electrical cause and the possibility of the fire of the fire caused by the defect of the shot, and it is presumed that the conditions were high, but the possibility of the fire of this case cannot be ruled out completely because the paper and cups containing the non-fireed cigarette but the possibility of the fire of this case cannot be ruled out entirely.”

On the other hand, on August 31, 2016, the Plaintiff concluded a fire insurance contract on the instant building with Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Ssung Fire”).