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(영문) 서울남부지방법원 2020.03.10 2019가합110828
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff A KRW 170,000,000, and KRW 175,000,000 to the Plaintiff B.

2. The plaintiffs remaining.

Reasons

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

(However, “creditor” shall be deemed to be “Plaintiff”, and “debtor” shall be deemed to be “Defendant”.

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

3. In addition to seeking the return of the lease deposit due to the expiration of the term of validity of the lease contract, some of the dismissed plaintiffs also claim damages for delay from the day immediately following the delivery date of the copy of the complaint of this case.

However, since the lessee’s obligation to return the leased object and the lessor’s obligation to return the lease deposit are simultaneously performed, the lessor is not liable for delay of performance until the lessee performs the obligation to return the leased object or provides the leased deposit, even if the lessor fails to perform the obligation to return the leased object due.

However, the plaintiffs returned the leased object to the defendant.

The claim for damages for delay shall not be accepted, since there is no evidence to prove that the provision of performance is continued.

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