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(영문) 대구지방법원서부지원 2020.11.24 2020가단6836
임차보증금반환
Text

1. The defendant shall pay 32,500,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. The dismissed part of the Plaintiff also sought a payment for delay of the lease deposit against the Defendant, but the obligation of the Defendant to return the lease deposit and the obligation of the Plaintiff to deliver the leased property are in simultaneous performance relationship, and there is no delay of performance while there is a defense of simultaneous performance. Therefore, in this case where there is no proof that the Plaintiff delivered the above real property, it cannot be deemed that the Defendant’s obligation to return the lease deposit has reached a delay of

(See Supreme Court Decision 97Da54604, 54611 delivered on March 13, 1998). Therefore, the part of the Plaintiff’s claim for damages for delay on the above lease deposit is without merit.

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