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(영문) 서울중앙지방법원 2015.11.13 2015가단5276210

보증금반환

Text

1. The defendant shall deliver Category C 201 from the plaintiff at the same time, and at the same time, KRW 5 million to the plaintiff.

Reasons

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

2. Article 208 (3) 1 of the Civil Procedure Act:

3. The plaintiff in part at each time claimed that he provided the defendant with an obligation to deliver the leased object, and claimed a refund of the lease deposit of KRW 55 million and a delay compensation therefor. However, the lessor's obligation to return the lease deposit and the lessee's obligation to deliver the leased object are in simultaneous performance relationship. Thus, it is not sufficient to recognize that the plaintiff performed the obligation to deliver the leased object to the defendant or provided its performance, and there is no other evidence to acknowledge otherwise, it cannot be deemed that the Defendant's obligation to return the lease deposit was delayed.

Therefore, the above claim for damages for delay is rejected.