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(영문) 전주지방법원군산지원 2020.05.19 2020가단143
임차보증금 반환
Text

1. The defendant shall pay 135,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Articles 208(3)1 and 257 of the Civil Procedure Act of the applicable provisions of the Acts (Judgment without oral argument) (However, since a lessor’s obligation to return a deposit and a lessee’s obligation to return a leased object are in a simultaneous performance relationship, in order for a lessee to extinguish a lessor’s right to defense of simultaneous performance and to recognize a lessee’s obligation to return a deposit, the lessee must perform or provide a lessor with an explanation of the leased object. There is no assertion that the Plaintiff transferred the leased object to the Defendant or provided the leased object. Rather, according to the written complaint, the Plaintiff did not receive a refund of the deposit from the Defendant, and the Plaintiff did not still have a director due to the Plaintiff’s failure to return the deposit from the Defendant. Thus, the Plaintiff’s claim for delay damages is dismissed).

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