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(영문) 부산지방법원동부지원 2020.03.31 2019가단7534
전세금반환
Text

1. The defendant shall pay 35,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

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

3. Where both parties’ obligations are simultaneously performed under a bilateral contract partially dismissed, even if the fulfillment period for one party’s obligations arrives, the parties are not liable for the delay of performance even if the other party’s obligations are not performed until the other party’s obligations are performed. Such effect does not necessarily occur to the claimant who is not liable for the delay of performance.

(See Supreme Court Decision 97Da54604, 54611 delivered on March 13, 1998). The Plaintiff delivered the leased object to the Defendant.

The plaintiff's claim for damages for delay is dismissed, since there is no proof that the plaintiff provided the fulfillment of the obligation.

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