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(영문) 수원지방법원 2019.09.19 2019가단529175
양수금
Text

1. Defendant B shall deliver to the Korea Land and Housing Corporation the real estate listed in the annex 2 list.

2. Defendant.

Reasons

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

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff, as to KRW 3,00,000 of the lease deposit, seeks payment of damages for delay calculated at the rate of 15% per annum from the day following the date when Defendant B returned the real estate listed in the separate sheet 2, which is the object of lease (hereinafter “instant real estate”) to the Defendant Korea Land and Housing Corporation, to the Defendant Korea Land and Housing Corporation.

However, as alleged by the Plaintiff, Defendant B’s obligation to deliver the instant real estate to the Defendant Korea Land and Housing Corporation and the obligation to pay KRW 3 million out of the lease deposit to the Plaintiff of the Defendant Korea Land and Housing Corporation is in simultaneous performance relationship. On this premise, insofar as the Plaintiff sought payment of KRW 3 million out of the lease deposit against the Defendant Korea Land and Housing Corporation, it is difficult to deem that the Defendant Korea Land and Housing Corporation has a delay liability for the said KRW

(i) Even if the Defendant Korea Land and Housing Corporation is provided with the obligation to deliver the instant real estate by Defendant B, it is difficult to readily conclude that the Defendant Korea Land and Housing Corporation will delay the Plaintiff’s obligation to pay KRW 3 million out of the lease deposit in this case. Therefore, it is not acceptable to accept the Plaintiff’s claim against the Defendant Korea Land and Housing Corporation for the delayed payment of KRW 3 million of the lease deposit.

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