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(영문) 의정부지방법원고양지원 2015.04.03 2014가단41486
임대차보증금반환
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without pleading (Article 208(3)1 of the Civil Procedure Act): Provided, That the obligation of the plaintiff to deliver the real estate and the obligation of the defendant to return the deposit are concurrently performed. Where both obligations are jointly performed, even if the other party's obligation comes to the due date, the other party's obligation is not liable for the delay of performance until 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 responsible for the delay of performance (see, e.g., Supreme Court Decision 97Da54604, Mar. 13, 1998). The plaintiff's assertion as to the part of the claim for delay

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