1. The Defendant’s KRW 41,514,00 for the Plaintiff and KRW 5% per annum from November 19, 2013 to February 4, 2015.

1. On June 19, 2013, the Plaintiff entered into a lease agreement with the Defendant and the Defendant on June 19, 2013 with respect to the lease deposit amounting to KRW 10 million for the first floor of the first floor of the Class I neighborhood living facilities in the first floor in the Yongsan-gu Seoul Metropolitan City (hereinafter “instant building”). The lease agreement was concluded between June 27, 2013 and June 26, 2015.

However, around 13:30 on November 18, 2013, fire occurred in the instant building and the lease contract was terminated accordingly.

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. The Defendant’s responsible lessee for the instant building fire has the duty of due care to preserve the leased building, and in order to exempt the lessee from liability for damages due to the lessee’s nonperformance of the duty to return the leased building, the burden of proving that the nonperformance was not caused by the lessee’s cause attributable to the lessee.

However, it is difficult to deem that the evidence submitted by the Defendant alone proves that the Defendant was not responsible for the fire of the instant building.

Rather, the comprehensive report on fire investigation (No. 2) states that a part of the electric wires set up in the vicinity of the mooring package is recognizable, and that the electric wires set up on the surface of the relevant sand position panel are presumed to be adhered to electric wires, clothes, and other combustible materials, due to a sudden destruction, etc. from the powder base to the electric wires set up on the floor on the floor, on the grounds of distinguishing the sckes from the wall of the said nearby sand position panel.

Accordingly, considering the fact that the first point of the fire of the instant building is not a power field, but an electric cable installed on the floor, the Defendant was engaged in moving the power field, etc. from the instant building, and that a large amount of carbon has been discovered at the vicinity of the first point of combustion, etc., it is highly probable that the electric cable clothes were damaged by the Defendant or its employees by shocking to the electric wires on the floor as a thing in the course of their work.

Therefore, the defendant.