1. The Defendant’s KRW 152,497,102 as well as the Plaintiff’s annual rate from September 22, 2013 to November 28, 2014.

1. Facts of recognition;

A. On January 25, 2012, the Plaintiff leased 10,000,000 rental deposit money, KRW 1,750,000 monthly rent, and KRW 1,750,000 from May 1, 2012 to April 30, 2013, the Plaintiff agreed to restore the object to its original state upon termination of the contract.

B. On September 21, 2013, around 01:23, a fire occurred in the instant warehouse, and most of the instant warehouses were destroyed by fire, excluding the floor of reinforced concrete in the instant warehouse that was set up in the sandd position board.

[Grounds for Recognition: Evidence No. 5, Evidence No. 6 (including paper numbers), Evidence No. 1-2, Witness E's testimony, the purport of whole pleadings]

2. Determination

A. According to the above facts of recognition (1) of liability, since most of the warehouse of this case was destroyed by fire, so the lease contract of this case was terminated thereby far as it is sufficient to be destroyed by social norms.

The defendant's obligation to return the leased object to the plaintiff is impossible due to fire, so the defendant is liable to compensate the plaintiff for damages caused by the fire.

(2) On this ground, the Defendant alleged that the instant warehouse was burned due to fire in the nearby F warehouse, and therefore there is no cause for the negligence. However, according to the witness E’s testimony, the Defendant’s failure from the instant warehouse to the F warehouse less than 13 meters away from the instant warehouse can be acknowledged as having been burned to the instant warehouse because it was transferred to the instant warehouse in accordance with the boundary of the F warehouse. Thus, the Defendant cannot be deemed to have any cause attributable to the Defendant, and there is no other evidence to acknowledge this. Therefore, the above assertion is without merit.

나. 책임의 범위 (1) 이 사건 창고 건물의 손해 : 115,197,102원 ㈎ 갑제14호증(가지번호 포함), 을제4호증, 증인 G의 증언, 감정인 H의 감정결과에 의하면, 이 사건 창고 건물이 화재로...