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(영문) 서울동부지방법원 2020.01.16 2019가합103544

임차보증금반환 청구의 소

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1. The defendant shall pay the plaintiff KRW 320,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The part on Defendant B in the attached list of the grounds for the claim to be indicated;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. In addition to the claim for the refund of the lease deposit and the claim for the payment of damages for delay from the termination date of the lease contract for the above lease deposit.

However, in the event that a lease contract is terminated, the lessee's obligation to deliver the leased object and the lessor's obligation to return the lease deposit are in the simultaneous performance relationship. Thus, unless the lessee delivers the leased object, the lessor's obligation to return the lease deposit does not lead to

However, in this case, the plaintiff did not assert or prove that the obligation to deliver the leased object was fulfilled or provided to the defendant. Thus, the part of the plaintiff's claim for delay damages is without merit.