1. The Plaintiff (Counterclaim Defendant) shall pay KRW 2,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from July 8, 2013 to October 16, 2015.

1. Basic facts

A. On August 31, 2012, the Plaintiff leased 403 units from the Defendant, Nowon-gu, Seoul to KRW 500,000, monthly rent of KRW 400,000, among the buildings of “DD” (hereinafter the building in this case) and two parcels outside Seoul Special Metropolitan City, Nowon-gu, and KRW 400,000.

B. On November 8, 2012, around 00:35, a fire (the fire in this case) occurred in the vicinity of the beds No. 403, and the inside of No. 403, and the damage was caused, such as the combustion of the 403th floor of the instant building, the ceiling of each room, and the walls of the instant building.

C. The amount of damages incurred by the Defendant to the instant fire was assessed as KRW 32,986,847. The Defendant received the said amount as mutual aid money on March 29, 2013 from the Nonghyup Damage Insurance Co., Ltd., which concluded a contract for chemical supply of the instant building.

[Ground of recognition] Facts without dispute, Gap 8, Eul 2-1, Eul 2, Eul 4 and 7, the purport of the whole pleadings

2. The assertion and judgment on the counterclaim of the principal lawsuit

A. The Plaintiff asserted that the Plaintiff suffered property damage equivalent to KRW 24,504,100, such as the loss of goods and medical expenses, due to the instant fire.

Therefore, the Defendant, a lessor, is obligated to pay the Plaintiff damages amounting to KRW 29,504,100,000, plus KRW 5,000.

B. The Defendant’s allegation that the instant fire occurred due to the Plaintiff’s cigarette butts.

Therefore, as a tortfeasor due to gross negligence, the Plaintiff is obligated to compensate for damages of KRW 14,200,000 suffered by the Defendant.

C. According to the comprehensive report on the occurrence of fire, which was prepared by the fire station and fire station in which one liability for damages occurred, the first point of the fire of this case is presumed to have been burned out to the combustible materials located in the garbage tank by the smoker butter butter cigarette butts, and there is a lack of possibility that fire will occur due to electrical factors.

On the other hand, according to the result of the fire site identification of the Seoul Metropolitan Police Agency, the floor around the bed area was strongly burned and the form of bit lease damage.