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(영문) 수원지방법원 성남지원 2018.05.16 2018가단3082

임대차보증금반환

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1. The defendant shall pay 110,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Applicable provisions of Acts: Judgment without holding pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The part dismissing part of the damages for delay (part on the damages for delay) that the Plaintiff was notified by the Defendant that the lease contract was terminated by the Plaintiff as to KRW 110 million.

4. The lessee’s obligation to deliver the leased object and the lessor’s obligation to return the lease deposit when the lease is terminated. Thus, unless the lessee does not deliver the leased object, the lessor’s obligation to return the lease deposit does not lead to 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 plaintiff's damages for delay of lease deposit in the claim of this case cannot be accepted, and it is dismissed.