전세보증금 반환청구의 소
1. The defendant shall pay 138,700,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
1. The description of the claim is as shown in the annexed sheet of claim.
2. Applicable provisions of Acts: Judgment without holding pleadings (Article 208 (3) 1 of the Civil Procedure Act);
3. The part that partially dismissed (the part that claims for delay damages) claims payment of KRW 138,700,000 from the date of this judgment to the date of full payment. However, in a case where the lease is terminated, the obligation of the lessee to deliver the leased object and the obligation of the lessor to return the lease deposit are in the simultaneous performance relationship. Thus, unless the lessee does not deliver the leased object, the lessor’s obligation to return the lease deposit does not lead to the delay of performance.
However, there is no evidence to prove that the plaintiff delivered the leased object of this case to the defendant in this case.
Therefore, the part of the Plaintiff’s claim for damages for delay of lease deposit cannot be accepted, and it is dismissed.