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1. The plaintiff's appeal and defendant A's incidental appeal are all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Reasons
1. Grounds for a judgment of this court citing a judgment of the first instance is dismissed from the fourth judgment of the first instance;
2.(a)
Except for the dismissal as follows, the part of the judgment of the court of first instance is identical to the part on the grounds of the judgment of the court of first instance, and such part is cited in accordance with the main sentence of Article 420
2. Sheon portion:
Where a lessee is unable to fulfill his/her duty to return the leased object due to the extinguishment of the leased object due to fire, etc., the lessee shall be liable for damages incurred due to nonperformance of his/her duty to return the leased object, and the same shall apply to cases where the specific cause of fire, etc. is not revealed.
In addition, such legal doctrine also applies to cases where a lessee seeks compensation for damages on the ground that the returned building, although the duty to return the leased object was not impossible at the time of termination of the lease, was damaged by a fire (see, e.g., Supreme Court en banc Decision 2012Da86895, 86901, May 18, 2017). Meanwhile, when the lessee subleases the leased object with the consent of the lessor, the lessee assumes the duty to directly the lessor (Article 630(1) of the Civil Act) and the foregoing legal doctrine equally applies between the lessor and the lessee.
In addition, the legal relationship between the lessor and the lessee is not affected by the sub-lease, and the lessee still assumes the duty to keep the leased object to the lessor, and if the object is damaged by the negligence of the sub-lessee, the lessee shall be held liable, but it may be exempted from the liability if it is proved that the lessee was not negligent in the appointment
In light of the above legal principles, the actual cost of the instant case’s damage to KRW 19,578,164, which is the leased building of this case, was incurred by the fire of this case between the parties.