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(영문) 수원지방법원 성남지원 2021.01.12 2019가단232306
보증금반환
Text

1. The defendant shall pay 147,000,000 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. Judgment without holding any applicable legal argument (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. Partial dismissal: The Plaintiff claims for delayed damages of KRW 147,00,000 for the lease deposit of this case. However, in a case where the lease contract is terminated, the lessee’s duty to deliver the leased object and the duty to return the deposit to the lessor is concurrently performed, and unless the lessee does not deliver the leased object to the lessor, the lessor’s duty to return the deposit does not fall into delay. Thus, the Plaintiff’s claim for delayed damages cannot be accepted unless it proves that the Plaintiff performed the duty to deliver the leased object or provided the leased object to the Defendant in this case.

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