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(영문) 서울중앙지방법원 2015.02.11 2014가합567713
보증금반환
Text

1. The Defendant shall pay to the Plaintiff A KRW 80,000,000, KRW 90,000 to the Plaintiff B, and KRW 110,00,00 to the Plaintiff C, respectively.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Determination

(a) Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. After the termination of a lease contract on partial grounds, the lessor’s obligation to return the deposit and the lessee’s obligation to deliver the object are concurrently performed. Thus, even if one of the parties’ obligation is jointly performed in a bilateral contract, even if one of the parties’ obligation becomes due, the obligor is not liable for delay of performance even if the other party’s obligation is not performed until the other party’s obligation is performed. Such effect does not necessarily result in the claimant’s right of defense of simultaneous performance.

(see, e.g., Supreme Court Decision 2001Da3764, Jul. 10, 2001). The legal representative of the plaintiffs stated that the plaintiffs did not deliver the leased object as of the date of the first pleading that they did not deliver it to the defendant. The defendant does not bear the obligation to pay damages for delay to the plaintiffs.

(c) Costs of lawsuit: proviso to Article 101 of the Civil Procedure Act.

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