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1. The Defendant’s KRW 31,141,815 as well as the Plaintiff’s annual rate from October 7, 2012 to July 16, 2015.
Reasons
1. Basic facts
A. The Defendant lent a house owned by the Plaintiff in Young-gun C of Gangwon-do (hereinafter “instant house”) to the Plaintiff free of charge from October 6, 2012 to October 1 through 2, 2012.
B. The instant housing was discharged from a fire that occurred around 6-7 p.m. on October 7, 2012 (hereinafter “instant fire”), and all of the devices, such as air conditioners, washing machines, and computers, located in the instant housing.
C. On January 4, 2013, the National Institute of Scientific Investigation presumed that the instant fire could have occurred due to the electrical heat generated in the part of the pressur’s inner PTC fixing point at the bottom, which was attached to the compression at the lower bottom, of the air conditioners (hereinafter “instant coolant”) located in the instant housing (hereinafter “instant coolant”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
(a) Where a lessee is unable to fulfill his/her duty to return the leased object, if the lessee is liable for damages due to nonperformance, he/she shall bear the burden of proving that the impossibility of performance is not attributable to the lessee’s cause attributable to him/her, and where the leased building was destroyed by fire and the cause of the fire is unknown, if the lessee is exempted from his/her liability, he/she shall prove that he/she has fulfilled his/her duty of care as a good manager
(See Supreme Court Decision 2009Da96984 Decided April 29, 2010). The following circumstances acknowledged by the above facts and the aforementioned macroscopic evidence are: (i) the Defendant used the instant house from the Plaintiff and caused the instant fire to approximately four to five hours; (ii) there was no other person using the instant house except the Defendant at the time of the instant fire; and (iii) when the Plaintiff used the instant house to the Defendant.