beta
Main Issues
The seller's duty to bear the expenses for the management and preservation of the object and the duty to pay the buyer's interest in the sale.
Summary of Judgment
In the sale of a specific object, if the object is not handed over to the buyer, the seller cannot pay the buyer the expenses for the management and preservation of the object or claim compensation for the amount equivalent to the interest of the purchase price during the period before the buyer pays the price.
[Reference Provisions]
Article 587 of the Civil Act
Plaintiff-Appellee
Plaintiff
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul High Court Decision 79Na1438 delivered on December 26, 1979
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The defendant's grounds of appeal are examined.
Even if the obligation of the buyer for the payment of the specific object was delayed in the sale of the object, the seller can receive the fruits arising from the object until the object is delivered to the buyer, and the expenses for the management and preservation of the object should also be borne by the buyer. On the other hand, the buyer does not have to pay the interest on the purchase price. Therefore, the seller cannot claim compensation for damages equivalent to the expenses for the management and preservation of the object or the interest on the purchase price during the period before the delivery of the object is made on the grounds of delay in the buyer's obligation to pay the purchase price. According to the records, since the real estate, which is the object of sale, is obviously not delivered to the plaintiff who is the buyer, even if the defendant suffered damages as alleged by the buyer due to the delay in the performance of the obligation of the buyer to pay the price, and therefore, the court below's rejection of the defendant's simultaneous performance defense
Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Jong-tae (Presiding Justice) Kim Jong-young (Presiding Justice)