1. From September 13, 2016 to November 22, 2016, the Plaintiff (Counterclaim Defendant) paid KRW 9,050,00 to the Defendant (Counterclaim Plaintiff).

1. Facts of recognition;

A. On March 19, 2012, the Plaintiff leased C building and 201 (the instant housing) from the Defendant from the Defendant to KRW 20 million, monthly rent, KRW 450,000,000,000. On April 19, 2014, the deposit amount of KRW 20,000,000, monthly rent of KRW 20,000,000,000.

B. The instant housing was destroyed by fire on April 28, 2016.

【Non-Disputes】

2. Main elements;

A. The portion of the claim for the return of deposit was destroyed by a fire that makes it impossible to achieve the purpose of the lease. In addition, the plaintiff and the defendant agreed in the direction of the plaintiff moving into after the fire restoration again, but the cause of the fire is caused by conflict of opinion, and eventually, an agreement has been concluded and the lease is terminated by the defendant leasing the house of this case to another person (no dispute exists) after restoration. Thus, the defendant shall return the deposit 20 million won,

B. The plaintiff claiming compensation for damages, such as consolation money, asserts that the fire of this case occurred and expanded due to the defects in the living room, etc. and the failure to prevent the leakage, which all belongs to the defendant's responsibility, and thus, the fire of this case is a lessor and the defendant's cause attributable to the defendant, who is the owner of the housing of this case. Therefore, the plaintiff's family is responsible for compensating for the total of 10 million won, including five million won of property damage, such as household tools, and five million won of mental damage from fire

In case where a fire is destroyed by a fire, if the cause of the fire is unknown, if the lessee is exempted from liability, he shall prove that he has fulfilled his duty of due care as a good manager for the preservation of the leased building.

(Supreme Court Decision 200Da57351 Decided January 19, 2001, etc.). Examining the evidence on the cause of a fire in this case, the cause of a fire in the part of the ward, etc., such as the ward, has occurred (A, the confirmation source of the Silung Police Station) or the cause itself.