(영문) 서울남부지방법원 2018.10.11 2018나52196

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(영문) 서울남부지방법원 2018.10.11 2018나52196

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On January 7, 2017, the Plaintiff entered into a lease agreement with the Defendant and Osan City C Apartment D (hereinafter “instant apartment”) with respect to the lease deposit of KRW 170 million (in the event of a contract, the remainder of KRW 150 million shall be paid in March 7, 2017), monthly rent of KRW 300,000,000 for the rent, and the period from March 7, 2017 to March 6, 2019 (hereinafter “instant agreement”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 17 million to the Defendant.

B. Article 6 of the instant contract provides, “Before a lessee pays an intermediate payment (if there is no intermediate payment, the remainder) to a lessor, the lessor shall redeem the down payment, and the lessee may waive the down payment and rescind this contract.” Article 7 provides, “If the lessee or lessee fails to fulfill the terms of this contract, the other party may demand in writing the person who has defaulted and rescind the contract. In addition, the other party may claim damages arising from the termination of the contract against the other party, and the contract party shall be deemed to be the basis for compensation for damages, unless otherwise agreed.”

C. On February 27, 2017, the Defendant called to the Plaintiff to the effect that it is difficult to deliver the instant apartment on March 7, 2017 as agreed that the lease relationship with the former lessee was not settled, and the former lessee was at the end of April even on February 28, 2017.

When the termination of the contract is desired, text messages sent to the effect that the plaintiff's account number is known. D.

The plaintiff sent a text message stating that the contract will be rescinded to the defendant, and that it will deposit down payment.

E. On February 28, 2017, the Defendant remitted KRW 17 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff 1.

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