손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 2,460,075 and the interest rate of KRW 15% per annum from November 23, 2017 to the date of complete payment.
1. Facts of recognition;
A. On May 24, 2017, the Plaintiff completed the registration of ownership transfer on the ground of public sale on May 15, 2017, with respect to a building of 810 square meters and its ground (hereinafter “instant real estate”).
B. At the time of the Plaintiff’s acquisition of the instant real estate, the Defendant occupied and used the instant real estate, but the Plaintiff demanded the Defendant to deliver the instant real estate, and the Defendant handed over the instant real estate to the Plaintiff on July 13, 2017.
C. From July 13, 2017 to July 14, 2017, the Plaintiff paid KRW 2 million to the Defendant in the name of the waste disposal cost incurred in the instant real estate.
In the public auction procedure on the instant real estate, the instant real estate was assessed as KRW 34,916,800.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 4 and 5, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent due to the Plaintiff’s possession and use of the instant real estate from May 15, 2017 to July 13, 2017, the delivery date of the instant real estate from May 15, 2017, which was the date of the Defendant’s delivery of the instant real estate. The Defendant is obligated to pay damages due to delay in the Defendant’s obligation to deliver the instant real estate, and the Plaintiff is obligated to return waste disposal costs paid by the Plaintiff
Therefore, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 2,460,075 (=242,603 KRW 53,700 KRW 164,772 KRW 2 million) as well as damages for delay calculated by the rate of 15% per annum from November 23, 2017 to the date of full payment, which is the day following the sentencing date of the instant case sought by the Plaintiff.
From May 15, 2017 to July 13, 2017, 242,603 won (i.e., the price of the instant real estate x 34,916,800 won x 5% x 60/365) the Plaintiff raises objection to the Defendant from May 18, 2017 to July 4, 2017.