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(영문) 서울서부지방법원 2017.06.29 2016가합3195
임대차보증금
Text

1. The defendant shall pay 350,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The description of the cause of the claim and each of the causes of the extension of the claim shall be as shown in the Appendix 1;

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. On December 30, 2016, the Plaintiff asserts that the Defendant is obligated to pay for delay damages from December 31, 2016, as to KRW 350,000,000, which is the day following the delivery date, since the Plaintiff received real estate in attached Form 2 from the Plaintiff on December 30, 2016.

Then, the Plaintiff’s obligation to deliver the real estate as indicated in the [Attachment 2] and the Defendant’s obligation to return the lease deposit are concurrently performed (see, e.g., Supreme Court Decision 2010Da95062, Mar. 24, 201). The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff’s obligation to deliver was fulfilled, and there is no other evidence to acknowledge otherwise.

Therefore, the claim for delayed payment of the above lease deposit among the claim of this case is dismissed as it is without merit.

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