beta
Text
1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from October 1, 2015 to June 7, 2016.
Reasons
1. Basic facts
A. A. Around April 1, 2013, the Plaintiff leased KRW 50 million to the Defendant on May 22, 2013 by setting the due date for reimbursement. On April 23, 2013, the Plaintiff additionally lent KRW 20 million to the Defendant.
B. On April 22, 2013, the Plaintiff entered into a contract with the Defendant to purchase the purchase-price D and 202 (hereinafter “instant building”) from Ulsan-si, Ulsan-si, Ulsan-si (hereinafter “instant building”). The Plaintiff’s loaning KRW 70 million to the Defendant as part of the purchase-price (contract amounting to KRW 20 million, intermediate payment to KRW 50 million), and the Plaintiff paid the remainder of KRW 42 million to the Defendant on May 20, 2013, and at the same time received the registration of ownership transfer from the Defendant.
In addition, the defendant decided to pay 50% of the above contract amounting to 70 million won to the plaintiff when violating the above contract.
C. Meanwhile, the instant building was transferred from C to E due to the sale on September 10, 2013, and was transferred to F due to the sale on October 7, 2013.
[Grounds for recognition] Evidence Nos. 3 through 9, the purport of the whole pleadings
2. According to the above facts of recognition, since the building of this case was sold to another person and the defendant's obligation to transfer ownership of the building of this case against the plaintiff is impossible, the defendant is obligated to pay damages to the plaintiff in accordance with the above agreement.
In regard to this, the defendant failed to perform a contract with the defendant on the wind that does not allow the defendant to pay the building of this case on behalf of the defendant. The plaintiff paid 20 million won in preference to the plaintiff's mental change and he paid 20 million won from November 3, 2014 to July 30, 2015. Thus, it is unreasonable to hold the defendant liable to compensate for damages. However, the defendant's assertion that it is unfair to hold the defendant liable to compensate for damages. However, since there is no other evidence to acknowledge this differently, the above argument by the defendant is without merit.
However, the estimated amount of damages is estimated.