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Reasons
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(영문) 서울남부지방법원 2015.02.06 2014가합104460
손해배상 등
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1. The Defendant’s KRW 128,00,000 and the Plaintiff’s annual rate of KRW 5% from May 1, 2014 to June 2, 2014.

Reasons

1. Basic facts

A. On February 14, 2014, the Plaintiff’s wife, in the Plaintiff’s name, leased the lease deposit amount of KRW 640 million between the Defendant’s model D, the Defendant’s agent, for KRW 101 Dong 1705 (hereinafter “instant apartment”) owned by the Defendant, and KRW 5 million out of the down payment of KRW 64 million, at the time of the contract, the remainder of KRW 59 million was cancelled on February 17, 2014, and the remainder of KRW 576 million was paid at the same time with the Defendant’s mortgage amount of KRW 684 million, the maximum debt amount of the instant apartment and KRW 78 million established on April 11, 2014 (hereinafter “the lease agreement”). At the same time, the lease agreement should be cancelled with each of the instant apartment units (hereinafter “the lease agreement”).

Unless otherwise agreed, the above lease contract provides that the down payment shall be deemed as the basis for compensation for damages caused by nonperformance.

B. On February 17, 2014, the Plaintiff paid the Defendant the remainder down payment of KRW 5 million, which is part of the down payment, on the date of concluding the instant lease agreement.

C. On April 2014, the Defendant notified the Plaintiff of the impossibility of implementing the instant lease agreement.

On April 23, 2014, the Plaintiff demanded the Defendant to cancel the right to collateral security and deliver the instant apartment by April 30, 2014, accompanied by a copy of the cashier’s check, and notified the Defendant that the instant lease contract was automatically cancelled on April 30, 2014, if the Plaintiff fails to perform the said obligation by the said deadline, and the said notification reached the Defendant on April 24, 2014.

E. By April 30, 2014, the Defendant failed to perform its duty to deliver an apartment under the instant lease agreement, and accordingly, the Plaintiff did not move into the instant apartment.

[Ground of recognition] A.

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