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(영문) 창원지방법원 2020.04.16 2020가합50242
임대차보증금
Text

1. The defendant,

A. 75,00,000 won to Plaintiff A and 12% per annum from January 21, 2020 to the date of complete payment.

Reasons

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

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

3. Where a partial termination of a lease contract has expired, the lessor’s obligation to return the deposit and the lessee’s obligation to return the leased object have a relationship of simultaneous performance. Therefore, in order for the lessee to extinguish the lessor’s right of defense of simultaneous performance and to recognize a lessee’s obligation to return the deposit, the lessee must either perform the order of the leased object or provide the lessor

Therefore, the plaintiffs' claim for delay damages prior to the fulfillment of the obligation to deliver the leased object (multi-family house) against the defendant is not accepted, and it is limited to the claim for delay damages after the fulfillment of the obligation to deliver the leased object (refer to Supreme Court Decision 2001Da77697 delivered on February 26, 2002).

(Article 98 and the proviso of Article 101 of the Civil Procedure Act shall apply to the bearing of litigation costs)

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