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(영문) 서울서부지방법원 2019.11.29 2019가단238209
전세보증금반환 등 청구의 소
Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

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) 3 of the Civil Procedure Act:

3. In addition to claiming the Defendant to refund the lease deposit amount of KRW 60,000,000, the Plaintiff partially dismissed part is also demanding the Defendant to pay damages for delay.

However, the lessee’s obligation to return the leased object and the lessor’s obligation to return the lease deposit are in the simultaneous performance relationship. If both obligations are jointly performed in the bilateral contract, even if one of the parties’ obligation becomes due, the obligor is not liable for the delay of performance until the other party’s obligation is performed, even if the other party’s obligation becomes due, and such effect does not necessarily result in the claimant’s right of defense of simultaneous performance.

(See Supreme Court Decision 2001Da3764 delivered on July 10, 2001). However, the Plaintiff returned the leased object of this case to the Defendant.

there is no evidence to prove that the offer of performance is in progress.

(O) On the first day for pleading, the Plaintiff stated that he currently resides in the leased object of this case. Therefore, the Plaintiff’s claim for damages for delay is without merit.

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