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(영문) 의정부지방법원 2020.05.26 2019가단135581

보증금반환

Text

1. The defendant delivered to the plaintiff KRW 80,000,000 and the plaintiff's C Apartment D for the plaintiff's government.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment deeming confessions: Article 208 (3) 2 of the Civil Procedure Act.

3. The need to claim in advance damages for delay and the obligation to return the leased object and the remainder after deducting the lessor’s default from the lessor’s default due to the termination of the lease agreement for partial dismissal is in a simultaneous performance relationship. Thus, the Plaintiff may seek damages for delay on the lease deposit from the day following the delivery of the apartment in this case to the Defendant.

According to the Plaintiff’s claim for delay damages in the Plaintiff’s claim, the Plaintiff notified the Plaintiff of the refusal of the extension of the lease agreement on February 18, 2019, and the Defendant did not answer any time even though the Plaintiff requested the return of the lease deposit on three occasions on May 18, 2019. In the instant lawsuit, even if the Defendant was served with a complaint on January 12, 2020, the Defendant did not answer any time up to the present time. In the instant lawsuit, the Defendant did not appear at the hearing date, and one year has passed since the date of the instant lease agreement, and the Plaintiff did not appear to perform the obligation to refund the lease deposit until one year has passed since the date of the conclusion of the instant lease agreement.

However, the plaintiff is claiming for the payment of damages for delay from the date of delivery of the apartment of this case. This part is dismissed, and only the damages for delay from the day following the delivery date of the apartment of this case