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(영문) 서울남부지방법원 2018.09.20 2018가단229018
임대차보증금
Text

1. The defendant shall pay 75,000,000 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 claiming the return of KRW 75,00,000,000 against the Defendant, a lessor of the instant building, the Plaintiff partly dismissed part claimed damages for delay calculated at the rate of 15% per annum from the day following the delivery of the copy of the instant complaint to the day of full payment.

Where both obligations are simultaneously performed in a bilateral contract, even if one of the parties’ obligations becomes due, it shall not be liable for the delay of performance until the other party’s obligation is performed, even if the other party’s obligation is performed. Such effect does not necessarily lead to the exercise of the right of defense for simultaneous performance by the claimant who is not liable for the delay of performance.

(See Supreme Court Decision 97Da54604, 54611 delivered on March 13, 1998). The Plaintiff did not assert any assertion or evidence as to the fact that there was a provision of performance or performance in relation to the Plaintiff’s obligation to return the lease deposit with the Defendant’s obligation to return the lease deposit.

Therefore, since the defendant's obligation to return the lease deposit cannot be deemed to have been delayed, the defendant has no obligation to pay the damages for delay to the plaintiff.

The plaintiff's claim for damages for delay is dismissed as it is without merit.

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