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(영문) 인천지방법원 2015.04.02 2014가합14753

전세금반환

Text

1. The defendant shall pay the plaintiff KRW 130,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On June 22, 2012, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 130,000,000 for the lease deposit and the lease period of KRW 130,000 for the lease deposit from August 2, 2012 to August 1, 2014, and the said lease deposit is paid to the Defendant. The said lease contract has expired as of August 1, 2014. The Defendant is obligated to return the said lease deposit of KRW 130,00,000 to the Plaintiff on June 2, 2012 (Article 208(3)1 of the Civil Procedure Act).

3. Some of the dismissals filed a claim for damages for delay against the deposit, but the Defendant’s obligation to return the deposit is related to the Plaintiff’s obligation to deliver the subject matter of the deposit, and the Plaintiff delivered the subject matter of the deposit to the Defendant.

Since there is no assertion or proof as to the fact that the obligation to return the deposit for lease on a deposit basis has been made or provided, it cannot be said that the obligation to return the deposit for lease on a deposit is in a state of delay of performance, the part of the