1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 2, 2018, the Plaintiff leased, from the Defendant, a building on the ground C in the Jeonbuk-gun, the Defendant owned (hereinafter “instant building”) by setting the lease term from June 11, 2018 to June 10, 2021.

(hereinafter “instant lease agreement”). B.

On January 10, 2018, 3 points, such as a house straw, etc. inside the kitchen was destroyed by a fire presumed to have been caused by the rupture of a ship between the kitchen and the air conditioning station inside the instant building (hereinafter “instant fire”), and 40 square meters of household volume inside the kitchen were destroyed by fire.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the fire occurred due to the fall of the air conditionings installed by the Defendant, and the electric power exhauster part belongs to the control and management area of the Defendant, the owner of the instant building.

Therefore, the Defendant is obligated to pay KRW 70,000,000 to the Plaintiff due to the lessor’s nonperformance of obligation, and to pay the Plaintiff KRW 70,000,00,00 for business losses incurred by the Plaintiff who failed to use the instant building as a restaurant for five

Even if the fire in this case occurred within the control and management area of the plaintiff, since the defendant delayed repair by unfairly impeding the repair of the building in this case, the defendant is obliged to pay the plaintiff the amount of KRW 70,000,000 for the business loss for five months, which is the delayed repair due to such unlawful act.

3. Determination

A. 1) Determination as to the assertion of nonperformance of obligation is based on the duty of the Defendant, a lessor, to maintain the 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 the area controlled and managed by the lessor, the defect is the same.