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(영문) 대구지방법원 2015.01.29 2014가단397
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 19,00,000 and 5% per annum from January 10, 2014 to January 29, 2015, and the next day.

Reasons

1. Basic facts

A. On August 6, 2013, the Plaintiff purchased a 1.3 billion won building (hereinafter “instant real estate”) from the Defendant, Daegu-gun-gun, Daegu-gun, 1081 square meters and a building operated on the ground, 286.56 square meters and 62.64 square meters and 1.3 billion won, and the Plaintiff entered into an agreement with the Plaintiff to order the Plaintiff to leave the instant building by the due date and order the Plaintiff (hereinafter “instant agreement”). On August 27, 2013, the Plaintiff: (a) the contract date; (b) the intermediate payment of KRW 520 million; and (c) the remainder of KRW 650 million; and (d) the lessee of the instant real estate operated and Nadong-dong building (hereinafter “instant building”) among the instant real estate (hereinafter “instant real estate”).

On August 22, 2013, the Plaintiff paid the purchase price in full to the Defendant, and completed the registration procedure for transfer of ownership on the instant real estate.

B. The Defendant did not comply with the instant stipulation by September 20, 2013, which was the remaining payment date.

Accordingly, on October 23, 2013 and November 4, 2013, the Plaintiff paid a total of KRW 40 million including deposit of KRW 5 million to D, who is a lessee of the instant B-dong building, and ordered D to leave the said B-dong building.

On May 25, 2013, after the fire occurred in the instant operating building, E was unable to properly use the leased part for several months due to the Defendant’s failure to repair the damaged part of the building. During that period, E did not pay rent to the Defendant, and paid KRW 4 million at the cost of repairing the inside of the store. On April 2014, the Plaintiff paid KRW 18 million to E, including the deposit deposit of KRW 5 million, and had E withdraw from the said operating building.

[Ground of recognition] Gap's evidence Nos. 1, 8, 9, 10, 12, Gap's evidence Nos. 4-1 and 4-2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant should compensate the plaintiff for the damages suffered by the plaintiff due to the defendant's failure to perform his duty of explanation of this case.

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