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1. The Defendant’s KRW 160,269,560 for the Plaintiff and the following: 5% per annum from October 19, 2017 to June 1, 2018.
Reasons
1. Basic facts
A. On June 18, 2012, the Plaintiff and the Defendant concluded a contract with the Defendant for the exchange of land of the building 404 units in Ansan-si, Seoul-si (hereinafter “D Co., Ltd.”) and the Defendant’s Jeonjin-gu, Seoul-si, Seoul-si, Seoul-si, and the land of the land and the above ground, Gangwon-do-do, and the Plaintiff paid an additional amount of KRW 20 million to the Defendant, and the Defendant agreed to accept all the obligations for the refund of lease deposit to the lessee in the D Co., Ltd., and the amount of KRW 238 million,000,000,000,000,000,000 won.
(hereinafter referred to as “instant exchange contract”). (b)
On June 29, 2012, the date of the remainder payment stipulated in the contract, the Plaintiff paid the Defendant the amount of KRW 20 million equivalent to the remainder payment, and provided the documents necessary for the registration of transfer of ownership of Dr. Dr., and the Defendant did not file the registration of transfer.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The Plaintiff asserts that the Plaintiff suffered damages equivalent to KRW 138 million in total amount of deposit due to the Defendant’s failure to perform the obligation to refund the lease deposit against the lessee in D Cows or within D Cows acquired by the Defendant. 2) As such, the damages to be compensated for due to nonperformance occurred in reality. Therefore, in a case where the obligee is liable to compensate for a third party due to nonperformance, if the obligee is liable to compensate for the same amount as the obligor’s liability, the obligee’s obligation to claim the same amount as the obligor’s liability should be actual and conclusive, and thus, it should be determined objectively and reasonably in light of social norms, in light of social norms, whether the burden of the obligation is realistic and conclusive, and thus, whether it is deemed that the damage was actually caused.
(Supreme Court Decision 2001Da22833 delivered on July 13, 2001). 3D Cows or lessees are the tenants in Korea.