1. The Defendant’s KRW 30,393,592 as well as the Plaintiff’s annual rate from December 27, 2017 to January 22, 2019.

1. Basic facts

A. The Plaintiff’s relationship between the Plaintiff and the Defendant is the construction and power generation facility company located in the Busan Metropolitan Transport Daegu Building D (hereinafter “instant building”) (hereinafter “Plaintiff’s office”). The Defendant is operating the electronic components wholesale and retail business and service company (individual company) with the trade name “F” from the E located immediately above the heading room (hereinafter “Defendant’s office”).

B. (1) On September 11, 2017, a fire occurred in the Defendant’s office at around 22:15, and at the time, the fire officers belonging to the Busan Shipping Fire Station called the Defendant’s office to extinguish the said fire.

(2) The Plaintiff’s office floor was flooded with a large quantity of fire-fighting devices, such as computers, etc., by cutting down the wall, window, floor, etc., and up to the Plaintiff’s office floor in the process of extinguishing the fire. As a result, the Plaintiff’s office floor was destroyed by flooding.

C. On September 17, 2017, the Plaintiff was temporarily relocated to G of the instant building in order to repair and maintain flooded floors, etc., and was re-occupanted on September 27, 2017, and the preparation work for normal operation was continued until October 10, 2017.

【Ground for Recognition: Facts without dispute; Gap evidence Nos. 1 through 5, 26; Eul evidence No. 1 (including serial numbers); fact-finding results on the shipping fire fighting unit; all the arguments

2. The Defendant asserts that “The flooding caused by the instant fire is due to the defect of a building, the corrosion and fire-fighting water coming to the lower floor in the process of extinguishing fire officers, and that the Plaintiff’s filing of the instant lawsuit against the Defendant, who is merely a lessee of the instant building, without asserting any tort against the fire-fighting authority or the building owner, is unlawful.”

However, in a lawsuit for performance, the plaintiff's eligibility as the party itself as the plaintiff's claim and the decision is made.