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(영문) 대구지방법원 2019.07.10 2018가단135208

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 55,00,000 and interest rate of KRW 15% per annum from October 16, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 9, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) that leases Hho Lake (hereinafter “instant housing”) out of the multi-family housing unit G with Defendant B and G on the fourth floor on the ground of the 4th apartment house (hereinafter “G”) located on July 9, 2016, with the lease deposit of KRW 55 million and the lease period of KRW 95 million on July 9, 2016 to July 8, 2018.

B. Defendant C is a licensed real estate agent, and Defendant D mediated the instant lease agreement as a broker assistant of Defendant C, and Defendant E Association (hereinafter “Defendant Association”) is a mutual aid insurance business entity which entered into a mutual aid agreement with Defendant C.

C. On November 30, 2017, the voluntary auction procedure for G was initiated, and on October 16, 2018, the registration of ownership transfer was completed to I as to G due to the sale by voluntary auction, and on November 27, 2018 (hereinafter “instant dividend”). The Plaintiff was not fully distributed in the dividend distributed on November 27, 2018 (hereinafter “instant dividend”).

[Ground for recognition] Defendant B: Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. According to the above facts of recognition as to Defendant B, Defendant B is obligated to pay to the Plaintiff a lease deposit of KRW 55 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from October 16, 2018 to the date of full payment, which the registration of transfer of ownership in G with respect to the Plaintiff.

(The obligation to return the deposit is due upon the termination of the lease, but the obligation to return the object of the lease to the lessor by restoring it to its original condition, and the obligation to return the deposit to the lessor by deducting the overdue rent and the damage claim arising from the delivery date. Therefore, the lessor is not liable due to delay as long as the lessor can defend the simultaneous performance).