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(영문) 수원지방법원 여주지원 2021.02.18 2020가단57504
전세금반환 청구의 소
Text

The defendant shall pay 180,000,000 won to the plaintiff. The remaining claims of the plaintiff are dismissed.

The costs of lawsuit are assessed against the defendant.

Reasons

1. The description of the claim is as shown in the attached Form 2 of the Claim and the “the cause of the modified claim.”

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

3. The Plaintiff partially dismissed the claim for late payment of the lease deposit amounting to KRW 180 million at the rate of 12% per annum from the date of delivery of a copy of the complaint of this case to the date of full payment. However, upon termination of the lease, the lessee’s obligation to return the leased object and the lessor’s obligation to return the leased deposit are in the simultaneous performance relationship, and as long as the Plaintiff did not deliver the leased object to the Defendant, the Defendant did not be liable for the repayment obligation to the Plaintiff.

Therefore, the plaintiff's assertion of damages for delay cannot be accepted.

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