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1. The Defendant shall pay to the Plaintiff KRW 181,556,504 and the interest rate of KRW 15% per annum from December 18, 2015 to the date of full payment.
Reasons
1. Presumed facts
A. The Plaintiff is a company with the purpose of waste disposal business, waste collection and transportation business, and the Defendant is a company with the purpose of waste transportation business, waste incineration facility operation and management business, etc.
B. Around February 2015, the Plaintiff entered into a contract with the Defendant under which the Defendant would operate the waste incineration facilities and power generation facilities from April 1, 2015 to March 31, 2018 (hereinafter “instant contract”).
Since then, the Defendant occupied and used the instant factory in accordance with the instant contract and operated waste incineration facilities and power generation facilities.
C. On October 31, 2015, at around 16:20, a fire occurred within the instant factory (hereinafter “instant fire”).
The fire of this case caused the fire of this case to be destroyed by the waste storage storage, refluor, boomr, waste transport confluor, the power plant team, the board warehouse, and the temporary building tent.
Since then, the Defendant did not restore the instant factory to its original state and did not operate the waste incineration facilities and power generation facilities in the instant factory. On November 23, 2015, the Plaintiff sent to the Defendant a certificate of content that contains an expression of intent to terminate the instant contract, and the content certification reached the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 11, 16, 17, 22 (including paper numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. (1) In the event that a lessee’s obligation to return a leased object becomes impossible, the lessee is responsible to prove that the nonperformance is not attributable to the lessee’s cause attributable to the lessee. In the event that a leased building was destroyed by a fire and the cause of the fire is unknown, if the lessee is exempted from such liability, the lessee is responsible for the preservation of the leased building.