1. The Defendant (Counterclaim Plaintiff) paid KRW 5,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 27, 2014 to September 30, 2015.

1. Basic facts

A. On February 1, 2012, the Plaintiff and the Defendant entered into a lease agreement with the Defendant on KRW 53,00,000 (hereinafter “instant lease agreement”) with respect to the size of 17,00 square meters of a prefabricated-type building on the one-story-type 89,00 square meters of land owned by the Defendant (hereinafter “instant prefabricated-type building”), and with respect to the prefabricated-type building on the prefabricated-type 17,00 square meters of a building owned by the Defendant.

B. A fire, around 06:00 on December 9, 2013, which the Plaintiff resided in the said leased building, occurred in the part of the instant assembly-type panel building (hereinafter “instant fire”).

C. Because of the instant fire, the instant prefabricated-type panel building was laid down. The outer wall and the prefabricated-type building was destroyed by the fire, and the interior was damaged by flooding and exhausting, and the interior was damaged by the flooding and exhausting, and the roof and wall structure of the block structure, light quantity and steel-frame structure building owned by the neighboring Defendant was damaged by the roof and wall.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-7, appraiser D's appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the lease contract was terminated with the loss or loss of the leased object due to the occurrence of the fire in this case from the roof of the prefabricated building of this case, which caused water to flown out from the roof of the instant prefabricated building, and thus, the Defendant must return the deposit to the Plaintiff.

B. Since the fire in this case occurred due to the Defendant’s cause attributable to the Plaintiff, the object of the lease and the building 95 square meters of the roof assembly-type building of the block structure owned by the Plaintiff owned by the Plaintiff was destroyed or damaged, the Plaintiff is obligated to pay the Defendant the cost of restoring the damaged portion to its original state due to damages.

In addition, due to the loss of the leased object, the defendant suffered from the loss of the leased object that was not paid the rent because it was impossible to lease the leased object to another person.