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(영문) 창원지방법원 진주지원 2018.11.15 2018가단34199
임대차보증금
Text

1. The defendant shall pay 45,000,000 won to the plaintiff.

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. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. The portion dismissed by the Plaintiff also claims damages for delay from the date following the delivery of a copy of the instant complaint on KRW 45 million to the date of complete payment. However, the lessor’s duty to return the lease deposit upon termination of the lease agreement is in the simultaneous performance relationship with the lessee’s duty to return the leased object. However, there is no assertion that the Plaintiff returned the leased object to the Defendant. Therefore, it cannot be deemed that the Defendant’s obligation to return the lease deposit was delayed payment, and therefore, the part claiming damages for delay is without merit.

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