1. The Defendant’s KRW 3,00,000 as well as 5% per annum from September 4, 2018 to January 10, 2019 to the Plaintiff.

1. Basic facts

A. On August 4, 2015, the Plaintiff leased the instant building site and ground buildings owned by the Plaintiff to the Defendant (hereinafter “instant building”) by setting the down payment of KRW 5 million, monthly rent of KRW 1 million, and the lease period from August 10, 2015 to January 9, 2016, respectively.

(hereinafter referred to as "the instant lease agreement". (b)

The Defendant received delivery of the instant building from the Plaintiff pursuant to the instant lease agreement, and operated a furniture factory called “D”.

C. On January 9, 2016, between 16:00 and 16:30, the instant building was entirely destroyed by an unexpected fire within the instant household factory (hereinafter “instant fire”).

On July 6, 2017, the Plaintiff received insurance money of KRW 63,725,048 from E Co., Ltd. to which the Defendant joined for damage to the building caused by the instant fire.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number), Eul evidence No. 3 and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the instant building leased by the Defendant was destroyed by the Defendant’s negligence, and thus, the Defendant’s obligation to return the leased object was impossible.

Even if it is not so, unless the defendant proves that he fulfilled his duty of care as a good manager with respect to the preservation of the building of this case, the defendant is liable to compensate for damage caused by the fire of this case.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the destruction of a leased building: (a) the costs incurred for the same reconstruction of the building and the structure and use of the building are anticipated to be at least KRW 100 million; (b) the costs incurred for the new construction of the building using the assembly-type panel that requires less costs are at least KRW 85 million, less than KRW 63,725,048, which deducts KRW 21,274,952 from the insurance proceeds received for property damage; and (c) the Defendant is a legal dispute with the insurance company that the Defendant joined after the instant fire accident.