1. The Defendant’s KRW 61,189,662 as well as the Plaintiff’s KRW 5% per annum from May 29, 2017 to March 7, 2018.

Basic Facts

From November 24, 2004, the Defendant leased approximately 75 square meters of the first floor among the buildings on the D’s land in Gyeongsan-si, Busan-si, and operated a restaurant.

(B) The Plaintiff entered into a fire mutual aid agreement with C to compensate for property damage caused by fire in relation to the instant building. The Plaintiff entered into a fire mutual aid agreement with C to compensate for property damage caused by fire.

The amount of insurance coverage is 350,000,000 won.

On January 25, 2017, around 04:14, a fire was caused by approximately 10 square meters in a sandd position panel and food materials warehouse attached to the instant store, and the said food materials warehouse and part of the store inside the instant store were destroyed, and the repair cost was required in KRW 69,725,220.

On May 29, 2017, the Plaintiff paid KRW 61,189,662 out of the repair cost to E, who accepted the instant store in relation to the property damage of the instant store.

[Ground of recognition] In the absence of dispute, where a lessee’s obligation to return an object becomes impossible due to the extinguishment of a fire, etc., the leased object to be determined as to the cause of claim No. 1 through No. 7, the lessee is liable for damages incurred due to nonperformance of the duty to return the object, unless he/she proves that the nonperformance was due to a cause not attributable to himself/herself, and the same applies to cases where specific cause of a fire, etc., such as

In addition, this legal principle also applies to cases where the return of leased object is not in an impossible condition at the time of termination of the lease, but the returned building seeks damages on the ground that it was damaged by a fire.

(see, e.g., Supreme Court Decision 2012Da86895, 86901, May 18, 2017). According to the foregoing facts, the Defendant is liable for damages equivalent to the repair cost of the store of this case to the lessor C. Insurance proceeds equivalent to KRW 61,189,662 out of the repair cost of the Plaintiff.