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1. The defendant shall pay 50,000,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. A claim for the return of a security deposit due to the expiration of the term of lease on the display of the claim (the Plaintiff, the lessor, the Defendant, and the Jeju Building C, the security deposit of which is KRW 50,000,000, or the term of lease from January 29, 2015 to January 27, 2016).
2. Since the lessor’s duty to pay the deposit and the lessee’s duty to return the leased property upon the termination of the lease on the part of partial claims are in simultaneous performance relationship, unless it is acknowledged that the Plaintiff performed the obligation to deliver the leased property or provided the obligor with the obligation to deliver the leased property, the obligation to pay the deposit may not be deemed as having been omitted for delay in performance.
Therefore, the damages for delay in the claim of this case is without merit.
3. Article 208 (3) 1, and Article 257 (1) of the Civil Procedure Act of the applicable Act.