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(영문) 대구지방법원김천지원 2019.12.11 2019가단34660

전세금반환 청구의 소

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1. As to the Plaintiff KRW 160,000,000 and KRW 40,000 among them, the Defendant shall start from May 16, 2018 to August 26, 2019.

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 is also entitled to pay 120,00,000 won out of the lease deposit at the rate of 12% per annum from the day following the delivery of a copy of the instant complaint to the day of complete payment.

However, in the event that a lease contract is terminated, the duty to deliver the leased object and the duty to return the lease deposit of the lessor are in the simultaneous performance relationship. Thus, unless the lessee does not deliver the leased object, the duty to return the lessor's lease deposit does not go against the delay of performance. Thus, unless there is an argument that the Plaintiff's obligation to deliver the leased object has been fulfilled or provided at the same time with the obligation to return the lease deposit

However, the defendant shall bear all the costs of lawsuit by applying the proviso of Article 101 of the Civil Procedure Act.