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(영문) 인천지방법원 부천지원 2018.09.14 2018가단3559
전세금반환
Text

1. The defendant shall pay 73,000,000 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 by public notice of applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

3. In addition to the lease deposit of KRW 73,00,000, the Plaintiff partly dismissed, the Plaintiff also claimed damages for delay from the next day of the delivery of the copy of the complaint of this case.

However, the lessee’s obligation to return the leased object and the lessor’s obligation to return the lease deposit are both simultaneously performed. If both obligations are jointly performed in the bilateral contract, even if one of the parties’ obligation becomes due, the obligor is not liable for the delay of performance until the other party’s obligation is performed, even if the other party’s obligation becomes due, and such effect does not necessarily occur to the claimant who is not liable for the delay of performance.

(See Supreme Court Decision 2001Da3764 delivered on July 10, 2001). However, there is no evidence to prove that the Plaintiff returned the leased object of this case to the Defendant or continued to provide its performance. Thus, the Plaintiff’s claim for damages for delay is without merit.

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