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(영문) 인천지방법원 2020.06.05 2020가단221371

임차보증금반환

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1. The defendant shall be the plaintiff.

A. At the same time, one floor of the real estate listed in the separate sheet from the Plaintiff is delivered.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

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

3. Where the Defendant delays the refund of KRW 90 million, the Plaintiff is also seeking damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of the instant real estate to the day of full payment.

However, the Plaintiff transferred the instant real property to the Defendant.

It is difficult to view that there is no assertion or proof as to the provision of delivery, and even if the real estate in this case is delivered, it is necessary to claim damages for delay of lease deposit in advance, such as it is difficult to expect the defendant to voluntarily perform.

The plaintiff's claim for this part is rejected.