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(영문) 서울남부지방법원 2021.01.29 2020가합112790
보증금반환
Text

The defendant pays 250,000,000 won to the plaintiffs. The plaintiffs' remaining claims are dismissed.

The costs of lawsuit.

Reasons

1. In addition to the description of the grounds for the claim;

2. Article 208 (3) 3 of the Basic Civil Procedure Act (Judgment by service of public notice);

3. Some of the dismissed parts of the plaintiffs claimed for payment of delayed damages from the date following the judgment on the deposit for lease. However, since the defendant's obligation to return the deposit for lease and the obligation to return the leased object are concurrently performed, the defendant is obligated to pay delayed damages to the deposit for lease after receiving the real estate in this case from the plaintiff or being provided with the obligation to return the leased object.

Therefore, there is no evidence to prove that the plaintiffs delivered the real estate of this case or provided its performance. Thus, the plaintiffs' delayed damages claim is without merit.

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