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(영문) 창원지방법원 통영지원 2018.10.30 2018가단24522
임대차보증금
Text

1. The Defendants pay to each Plaintiff KRW 60,000,000.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

3. The part to which partial dismissal is dismissed (part of delay damages) filed by the Plaintiff for payment of the lease deposit of KRW 60 million after the termination of the lease. However, in the event the lease contract 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 fails to deliver the leased object, the lessor’s obligation to return the lease deposit does not lead to delay of performance

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

Therefore, the Plaintiff’s damages for delay on the lease deposit cannot be accepted, and this part is dismissed.

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