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(영문) 인천지방법원 2015.04.15 2015가단203485

임대차보증금

Text

1. The defendant shall pay 32,122,100 won to the plaintiff and 2,122,100 won among them to the day of complete payment.

Reasons

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

2. Judgment without pleading (Article 208(3)1 of the Civil Procedure Act): Provided, That the Plaintiff’s obligation to deliver the Plaintiff’s real estate and the Defendant’s obligation to return the deposit are in the simultaneous performance relationship; in the event both of the parties’ obligation are jointly performed, even if the other party’s obligation comes to the due date, the obligor is not liable for the delay of performance even if the other party’s obligation is not performed until the other party’s obligation is performed; and such effect does not necessarily result from the obligee’s exercise of the right of defense for simultaneous performance (see, e.g., Supreme Court Decision 97Da54604, Mar. 13, 1998); and the Plaintiff’s assertion as to delay damages of KRW 30,000