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(영문) 대구지방법원김천지원 2020.04.01 2020가단30244
보증금반환
Text

1. The defendant shall pay the plaintiff KRW 80,000,000.

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. Article 208 (3) 1 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 after the copy of the complaint in this case is served to the day of complete payment with respect to KRW 80,000,000.

However, in the event that a lease contract is terminated, the duty to deliver the leased object and the duty to return the lease deposit of the lessor are in the simultaneous performance relationship. Thus, unless the lessee does not deliver the leased object, the duty to return the lessor's lease deposit does not go against the delay of performance. Thus, unless there is any assertion as to whether the Plaintiff's obligation to deliver the leased object and the obligation to return the lease deposit was fulfilled or provided as a performance,

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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