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(영문) 의정부지방법원 고양지원 2021.01.28 2020가단92607
보증금반환
Text

1. The defendant shall pay 175,000,000 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 (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. The Plaintiff also sought a payment of delayed damages of KRW 175 million. However, the Defendant’s obligation to return the leased deposit and the Plaintiff’s obligation to deliver the instant real estate simultaneously are in a simultaneous performance relationship, and there is no delay in performance while the simultaneous performance defense may arise. Therefore, unless there is any assertion or proof as to the delivery of the instant real estate by the Plaintiff, it cannot be deemed that the Defendant’s obligation to return the leased deposit has been delayed.

Therefore, the part of the Plaintiff’s claim for damages for delay is without merit.

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