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(영문) 수원지방법원여주지원 2020.01.08 2019가단4870

임대차보증금반환

Text

1. The Defendants jointly pay 80,000,000 won to the Plaintiff.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. On January 6, 2016, the Plaintiff leased G Apartment H from the Defendants and F to February 24, 2016, with the lease period of KRW 80 million, and the lease period from February 25, 2016 to February 24, 2018.

Since the above lease contract was terminated upon the expiration of the term, the Plaintiff sought payment of the lease deposit amount of KRW 80 million and damages for delay against the Defendants, a lessor.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. The obligation of the lessor to return the deposit and the obligation of the lessee to deliver the leased object shall be in the simultaneous performance relationship;

Inasmuch as there is no assertion as to the performance or provision of the above delivery obligation by the Plaintiff, it cannot be said that the obligation of the Defendants to return the deposit was delayed.

Any claim for damages for delay shall not be accepted.