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(영문) 창원지방법원진주지원 2020.04.22 2020가단31780

임대차보증금

Text

1. The defendant shall pay 125,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

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

2. Grounds for a brief statement: Article 208 (3) 1 of the Civil Procedure Act (a judgment made without holding any pleadings under Article 257 of the Civil Procedure Act).

3. The plaintiff's ground for partial dismissal also claims against the defendant for the payment of damages for delay of the above lease deposit, but even if the defendant, who is the lessor, does not exercise the right of defense for simultaneous performance, even if the object of lease in simultaneous performance is not delivered, the existence of the right of defense alone prevents the plaintiff from exercising the right of defense from taking the responsibility for delay of the lease deposit (the theory of existence and effectiveness). Therefore, there is no evidence to deem that the plaintiff completed the payment, provision, or performance of the lease deposit by the date of the decision of the non- pleadings of this case, and therefore, the defendant cannot be held liable for delay for the return of the