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(영문) 울산지방법원 2020.06.26 2020가단108188
임대차보증금반환 청구의 소
Text

1. The defendant shall pay 90,000,000 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 Plaintiff is also entitled to pay damages for delay calculated at the rate of 12% per annum from the day following the delivery of the instant complaint to the day of full payment with respect to the deposit of KRW 90 million.

However, in the event that a lease contract is terminated, the lessee's obligation to deliver the leased object and the lessor's obligation to return the lease deposit are in the simultaneous performance relationship. Thus, unless the lessee delivers the leased object, the lessor's obligation to return the lease deposit does not lead to

Unless there is an argument that the plaintiff's obligation to deliver real estate has been fulfilled or provided as performance in relation to the obligation to return the lease deposit to the defendant, the part of the claim for delay damages is without merit.

However, the defendant shall bear all the costs of lawsuit by applying the proviso of Article 101 of the Civil Procedure Act.

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