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(영문) 수원지방법원 2019.10.30 2019가단14284
임대보증금반환
Text

1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. In addition to the description of the grounds for the claim;

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

3. The duty to deliver the leased object and the duty to return the lease deposit are in the simultaneous performance relationship. Even according to the Plaintiff’s assertion, it is clear that the Plaintiff did not continue to perform the duty to deliver the leased object. Thus, it cannot be deemed that the Defendant delayed the performance of the duty to return the lease deposit.

Therefore, the part of the plaintiff's damages for delay is dismissed.

(However, the burden of litigation costs shall be determined by applying Article 98 and the proviso of Article 101 of the Civil Procedure Act to the burden of the defendant)

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