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(영문) 서울중앙지방법원 2020.04.03 2019가합591247
보증금반환
Text

1. The defendant shall pay 250,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On June 9, 2015, the Plaintiff: (a) leased Seocho-gu Seoul Metropolitan Government Carryover D from the Defendant with a deposit of KRW 250,000,000; and (b) from July 8, 2015 to July 8, 2017; and (c) paid all the above deposit to the Defendant.

B. On March 22, 2019, the Plaintiff sent a text message to the Defendant that he/she would not renew the above lease agreement which was explicitly renewed, and sent a certificate to the effect that the said deposit would be returned on November 5, 2019.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease agreement has expired on July 8, 2019, and thus, the Defendant is obligated to pay 250,000,000 won to the Plaintiff.

B. The Plaintiff also claims damages for delay from July 8, 2019, for which the above lease contract was terminated.

However, the above obligation of the defendant to return the deposit is in the simultaneous performance relationship with the plaintiff's duty of delivery on behalf of the plaintiff, and the defendant is liable to pay damages for delay on the ground of the delay of the obligation to return the deposit only after he received the above opposite obligation or received the above performance. There is no evidence to prove that the plaintiff either performed the opposite obligation or provided the above performance.

Therefore, the plaintiff's claim for this part is without merit.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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