손해배상(기)
1. The Defendant’s KRW 7,500,000 as well as the Plaintiff’s annual rate from April 29, 2013 to October 16, 2014, and the following.
1. Facts of recognition;
A. On May 17, 2010, the Plaintiff leased the instant apartment Nos. 1402 of the Gangnam-gu Seoul Metropolitan Government C apartment No. 14 (hereinafter “instant apartment”) to the Defendant by setting the deposit amount of KRW 590 million and the period from June 10, 2010 to June 9, 2012.
(2) On July 15, 2004, the Plaintiff had to register the secured debt of the right to collateral security, which is the maximum debt amount of KRW 660 million, as set forth in the instant apartment on July 15, 2004, with a reduction of the maximum debt amount of KRW 360 million, by partly repaying the secured debt amount of KRW 300,000,000. However, the Plaintiff failed to perform this, and the Defendant paid the security deposit of KRW 540,000,000.
B. On December 1, 2012, when the Plaintiff was unable to return the deposit to the Defendant even after the expiration of the period, the Plaintiff leased the instant apartment from January 31, 2013 to D and one other (hereinafter “D, etc.”) with the deposit amount of KRW 540 million, and the period from January 31, 2013, and remitted the deposit amount of KRW 54 million to the Defendant’s account. At that time, the other lessee paid the deposit amount to the Defendant on January 31, 2013, and notified the Defendant that he will move into the instant apartment.
C. On January 25, 2013 and January 26, 2013, the Plaintiff presented a cashier’s check with the face value of 486 million won to the Defendant on two occasions, but the Defendant did not deliver the instant apartment.
In addition, the Defendant did not deliver the instant apartment to D, etc. on January 31, 2013, and the Plaintiff paid KRW 54 million due to the Plaintiff’s failure to perform its duty to deliver the instant apartment to D, etc. on February 1, 2013.
On February 8, 2013, the Plaintiff deposited KRW 432 million among the deposit balance of KRW 486 million in return for the transfer of the instant apartment. On February 28, 2013, the Plaintiff reserved the right to claim damages of KRW 54 million on February 28, 2013, and added KRW 54 million in return for the transfer of the instant apartment.