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(영문) 부산지방법원서부지원 2020.05.29 2020가단1729
임차보증금반환
Text

1. The defendant shall pay 85,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The part that partially dismissed (the part that claims for delay damages) claims for a delay of KRW 85,00,000 for the lease deposit, but the lessee’s obligation to deliver the leased object and the lessor’s obligation to return the lease deposit when the lease is terminated is in a simultaneous performance relationship. Thus, unless the lessee fails to deliver the leased object, the lessor’s obligation to return the lease deposit does not lead to the delay of performance.

However, there is no evidence to prove that the plaintiff delivered the leased object of this case to the defendant in this case.

Therefore, the part of the Plaintiff’s claim for damages for delay of lease deposit cannot be accepted, and it is dismissed.

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