손해배상(기)
1. The Defendant (Counterclaim Plaintiff) shared KRW 16,438,356 with respect to the Plaintiff (Counterclaim Defendant) and its related amount from March 9, 2019.
1. Determination as to the main claim
A. The Plaintiff’s recognition 1) On May 3, 2012, the building located D in Seocheon City owned by the Plaintiff (hereinafter “instant building”) to Defendant B on May 3, 2012.
(2) Of the 4 and 5 floors, the Plaintiff leased the instant building to the instant buyer at KRW 110 million, KRW 9130,000 (including value-added tax; hereinafter the same shall apply), management expenses, KRW 2024,00, and usage hospitals. Defendant B subleted Defendant C the 4 and 5 floors of the instant building to Defendant C on December 7, 2012, and the Defendants were operating the E convalescent hospital from the 4 and 5th floor of the instant building. 2) on August 6, 2013, the Plaintiff sold the instant building at KRW 5.8 billion between F and G (hereinafter “instant buyers”), and the Plaintiff received the down payment at KRW 30,000,000 on the date of the contract, and the remainder payment at KRW 5.5 billion was made on the day when the Plaintiff and the purchaser agreed to enter into the sales contract (hereinafter “instant contract”).
The sales contract of this case includes the following contents:
Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the down payment shall be considered as the basis for damages, unless otherwise agreed.
Article 1 (Selection of New Lessee and Conclusion of Lease Contract) (1) After entering into a contract, the seller and the purchaser shall select a new lessee who may transfer or take over a convalescent hospital with the fourth and fifth floor E, and at the same time the seller enters into a lease contract with the new lessee with the third, fourth, and fifth floor.
(2) The deadline for selecting a new lessee and concluding a lease contract shall be after this contract has been concluded.