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(영문) 부산지방법원서부지원 2020.06.17 2020가단100527

보증금반환

Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The return of the deposit for partial termination of the lease does not incur any damages for delay for the deposit for the lease until the delivery date of the lease building, and the lawsuit seeking the return of the deposit for lease without delivery of the lease building in simultaneous performance relation constitutes a lawsuit for future performance. Accordingly, the application of the statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3(1) of the same Act. Thus, the plaintiff's claim for damages