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(영문) 수원지방법원안산지원 2019.08.23 2019가단57537
보증금반환
Text

1. The defendant's KRW 150,000,000 against the plaintiff and the defendant's title C Apartment-gu, Ansan-si.

Reasons

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

2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

3. Grounds for partial dismissal.

A. In the event that both parties’ obligations are simultaneously performed under the bilateral contract in the relevant legal doctrine, even if the fulfillment period for one party’s obligations arrives, the obligor is not liable for the delay of performance until the other party’s obligations are performed. Such effect does not necessarily result in the obligee’s exercise of the right of defense for simultaneous performance.

Where the other party's act is necessary in the performance of his/her own obligation under the contract of both parties in the simultaneous performance relationship, if it is necessary for the other party to perform the obligation, the other party shall complete the preparation to perform at any time, notify the other party of the intention and notify the other party of the receipt thereof, but it may be omitted

(See Supreme Court Decision 2001Da3764 Decided July 10, 2001. Where a lessor cannot be deemed liable for delay with respect to the duty to return lease deposit in simultaneous performance relationship, the interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall not apply to the recognition of a lessor’s liability for delay with respect to the duty to return lease deposit after the date of delivery of the building.

(See Supreme Court Decision 2002Da43370 delivered on October 25, 2002). B.

Judgment

Since the Plaintiff was a person who was the first day for pleading that the Plaintiff did not yet deliver the building indicated in the attached list to the Defendant, the Defendant calculated the amount of KRW 150,000 by the rate of 5% per annum under the Civil Act from the day after the Plaintiff delivered the leased object to the day of full payment.

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