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(영문) 수원지방법원 성남지원 2018.08.29 2018가단8803
임대차보증금
Text

1. The defendant shall pay 180,000,000 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. Applicable provisions of Acts: Judgment without holding pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The part to which partial dismissal is dismissed (the part to which a delay claim is claimed) refers to the Plaintiff’s claim for the delayed payment of KRW 180 million from the day following the delivery date of a copy of the complaint of this case to the day of full payment. However, in a case where the lease is terminated, the lessee’s obligation to deliver the leased object and the lessor’s obligation to return the lease deposit are in a simultaneous performance relationship. Thus, unless the lessee does not deliver the leased object, the lessor’s obligation to return the lease deposit does

However, there is no evidence to prove that the plaintiff delivered the leased object of this case to the defendant in this case.

Therefore, the part of the Plaintiff’s claim for damages for delay of lease deposit cannot be accepted, and it is dismissed.

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