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(영문) 서울남부지방법원 2015.04.14 2014가단44349

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and the interest rate of KRW 20% per annum from September 12, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff (the Plaintiff) leased the lease deposit amount of 190,000,000, and the term of lease from November 18, 2011 to November 18, 2013, to the Defendant (the Defendant is the Defendant’s male in 1977) owned by the Plaintiff (hereinafter “instant apartment”).

B. On August 2013, the Plaintiff requested D’s real estate, a real estate brokerage office, to find a new occupant to move into the apartment of this case, and also asked the Defendant to decide whether to continue to lease the lease deposit when the lease deposit is increased from KRW 190,00,000 to KRW 260,000,000.

C. On November 2013, 2013, the Defendant permitted the Plaintiff to pay increased lease deposit through D’s real estate, and the Defendant, on the last day of the same month, to another place through D’s real estate, and said that the Plaintiff was to enter into a new lessee with respect to the instant apartment.

On December 17, 2013, the Plaintiff entered into a lease agreement with the E-real estate representative who arranged the new lessee and the Defendant, setting the lease deposit amount of KRW 260,00,000 with respect to the instant apartment between F and F, while the Defendant was present, and from February 4, 2014 to February 3, 2016.

D Real Estate representative was scheduled to marry to the Defendant on February 8, 2014 at the time of the conclusion of the above lease agreement, and was planned to enter into a new marriage by not later than February 4, 2014, and the Defendant also promised the instant apartment by February 4, 2014.

On the same day, the Plaintiff transferred KRW 19,00,000, out of KRW 26,000,000 received from F as the Defendant’s new rental contract deposit to the Defendant’s account.

E. However, the Defendant, through D's real estate around the end of December, 2013, delayed the Defendant's house contract that the Defendant would move to the Plaintiff.