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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:
Reasons
1. Facts of recognition;
A. The Defendants were married with Defendant B on November 11, 2009, and the Plaintiff revised the lease deposit amount of approximately KRW 5,000,000 square meters (hereinafter “instant store”) among some of the prefabricated-type commercial buildings (hereinafter “instant commercial buildings”) of the light steel-frame structure board, prefabricated-dong, Seo-gu, Seodong-gu, Chungcheongnam-gu (hereinafter “YY”) owned by Defendant C, for a period from November 24, 201, from November 25, 2009 to November 24, 201.
A contract for lease (hereinafter “instant lease contract”) was concluded and the Defendants paid KRW 5,000,000 as lease deposit to the Defendants.
B. The Plaintiff was engaged in food and food materials agency business in the name of “E” at the instant store.
C. After that, the instant lease contract expired on November 24, 201, but the Plaintiff and Defendant B implicitly renewed the said lease contract and continued the lease contract until May 15, 2013.
However, around 12:05 on May 15, 2013, when the Plaintiff was using the instant store, the instant commercial building, including the instant store, was destroyed by fire (hereinafter “instant fire”), and accordingly, the instant store was no longer usable for use as intended under the instant lease agreement.
E. In the part of the National Institute of Scientific Investigation published the results of appraisal on the instant fire with the following contents:
1) As a structure of a fire site survey, commercial buildings are located in F, E, G, H, and I commercial buildings on the basis of the front left left side, commercial buildings are located in F, E in the following areas: (a) the household building of F, E, G, H, and I commercial buildings (in iron pole and tent structure); (b) the household store of the drawing below the G, and (c) the household house is located in the front side of the building; and (d) the household building is located in the front side of the building; (b) the detailed structure of the building is likely to refer to the following 1: