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(영문) 수원지방법원 2020.08.26 2020가단11557

임대차보증금

Text

1. The defendant shall pay 43,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Around January 17, 2018, the Plaintiff: (a) leased from the Defendant, Suwon-si, Suwon-si, the KRW 58,00,000,000, and the period of two years; and (b) around that time, paid the full amount of the deposit to the Defendant; and (c) received the said building from the Defendant.

Since the defendant was returned 15 million won out of the deposit after the expiration of the above period, the defendant is obligated to pay the remaining deposit amount of 43 million won to the plaintiff and delay damages from the day after the delivery of the copy of the complaint of this case.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Some of the dismissal parts filed a claim for the delayed payment of KRW 43,00,000 from the day following the date of delivery of a copy of the complaint of this case. However, unless there is any assertion as to whether the Plaintiff’s obligation to deliver the leased object was fulfilled or provided as a result of the simultaneous performance with the Defendant’s obligation to return the leased object, the Defendant cannot be deemed to have been accrued due to the delayed performance of the obligation to return the lease deposit. Thus, the part of the claim for delay