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(영문) 대구지방법원 포항지원 2018.08.30 2018가합256

임대차보증금반환

Text

1. The defendant shall pay the plaintiff KRW 220,000,000.

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. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. Part concerning partial dismissal

A. The Plaintiff also seeks payment of damages for delay of KRW 220,000,000 to the Defendant for lease deposit.

B. However, a lessee’s obligation to return the leased object and a lessor’s obligation to return the leased deposit are both simultaneous performance relationships. Where both obligations are simultaneously performance relationships in a bilateral contract, even if one party’s obligation becomes due, a person who asserts that he/she is not liable for the delay of performance does not necessarily exercise his/her right to defense of simultaneous performance until the other party’s obligation is performed. In cases where one party’s obligation is performed under a bilateral contract in a simultaneous performance relationship, if it is necessary for the other party’s act to perform his/her obligation, he/she may complete preparations to perform the obligation at any time and notify the other party of his/her intention to receive it (see, e.g., Supreme Court Decision 2001Da3764, Jul. 10, 201). The Plaintiff did not assert or prove that the Plaintiff performed the obligation or performed the obligation of the Plaintiff in a simultaneous performance relationship with the Defendant’s obligation to return the leased deposit.

Therefore, since the defendant's obligation to return the lease deposit was delayed, the defendant has no obligation to pay damages for delay claimed by the plaintiff to the plaintiff.

Therefore, we cannot accept the part of the Plaintiff’s claim for delay damages.