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(영문) 인천지방법원 2021.01.26 2020가단254548
보증금반환
Text

1. The defendant shall pay 10,000,000 won to the plaintiff. 2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

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

2. Article 208(3)1 and Article 257 of the Civil Procedure Act applicable to the law;

3. The dismissed portion (claim for Delay Damages) where both parties’ obligations are simultaneously performed under the bilateral contract, even if one party’s obligation becomes due, the obligor is not liable for delay of performance even if the other party’s obligation is not performed, even if the other party’s obligation is performed, and such effect does not necessarily arise if the claimant who is not liable for delay of performance exercises his/her right of defense of simultaneous performance (see Supreme Court Decision 2001Da3764, Jul. 10, 2001, etc.). The Plaintiff also seeks payment of damages for delay against the Defendant. However, there is no evidence to prove that the Plaintiff performed the obligation to return the leased object in the simultaneous relationship with the Defendant’s obligation to return the leased deposit, or provided the other party with such obligation. The Plaintiff’s claim for damages for delay is not accepted.

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