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(영문) 대전지방법원천안지원 2016.12.21 2016가단14955
임차보증금 반환
Text

1. The defendant shall pay 30,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

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

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The plaintiff partially dismissed shall claim for the payment of damages for delay from the day after the duplicate of the complaint of this case is served on the lease deposit.

There is no argument or proof that the duty to return the lease deposit of a lessor and the duty to deliver the leased object to the lessee are in the simultaneous performance relationship, and that the plaintiff either performed the duty to deliver the leased object or provided it to the defendant.

Therefore, since the defendant's obligation to return the lease deposit was omitted due to delay of performance, the part of the plaintiff's claim for delay delay is without merit.

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