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(영문) 울산지방법원 2021.03.31 2020가단122351

보증금반환

Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 12% per annum from November 7, 2020 to the day of complete payment.

Reasons

1. Indication of Claim: Each description of “the cause of the claim” and “the cause of the modified claim” in the attached Form.

2. Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. The Plaintiff seeking partial dismissal from November 6, 2020 to pay delayed damages. However, since the date of service of a duplicate of the complaint of this case under the following legal principles, the Plaintiff’s peremptory notice of performance was served on the Defendant with all documents necessary for cancellation of the registration of chonsegwon, and the date following the date when the certificate of peremptory notice was served on the Defendant.

In the event of extinction of chonsegwon, the obligation of the person having chonsegwon who has established chonsegwon to return the lease deposit and the obligation of the person having chonsegwon to cancel the registration of lease on a deposit basis is concurrently performed unless there are other special circumstances.

Therefore, the person having chonsegwon transferred the object.

Even if there is no performance of the obligation to cancel the registration of chonsegwon or no performance is provided, the obligation to return the lease on a deposit basis by the person who has established the lease on a deposit basis does not fall into delay (see Supreme Court Decision 2001Da62091, Feb. 5, 2002, etc.). (B) Moreover, the simultaneous performance of the right of defense, claiming that there is no delay in performance, is not required (see Supreme Court Decision 2010Da47438, Oct. 14, 2010, etc.).