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(영문) 서울남부지방법원 2020.06.09 2020가단209093
임대차보증금
Text

1. The part concerning the claim for delay damages in the lawsuit of this case shall be dismissed.

2. The defendant shall pay 165,000,000 won to the plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Some dismissed parts of the Plaintiff claimed for the payment of damages for delay calculated at the rate of 5% per annum from the day following the date of delivery of real estate until the day of full payment. However, even if the Defendant’s obligation to return the lease deposit is concurrently performed with the obligation to deliver real estate listed in the Plaintiff’s attached list, and the Plaintiff filed a lawsuit seeking the payment of future claims, it is difficult to view that the evidence submitted by the Plaintiff alone requires the Defendant to claim in advance for damages for

Therefore, the part of the Plaintiff’s claim for delay damages in the instant lawsuit is unlawful and thus dismissed.

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