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(영문) 의정부지방법원고양지원 2019.09.27 2019가합73959
임차보증금반환
Text

1. The Defendants jointly sought payment of the lease deposit to the Defendants, but the Plaintiff also sought payment.

Reasons

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

2. Articles 208 (3) 1 and 257 (Judgment without Holding Any Pleadings)

3. The Plaintiff partially dismissed shall claim for the payment of damages for delay from the day following the delivery of a copy of the complaint of this case as to the lease deposit.

However, in the event that a lease contract is terminated, the lessee's obligation to deliver the leased object and the lessor's obligation to return the lease deposit are in the simultaneous performance relationship. Thus, unless the lessee delivers the leased object, the lessor's obligation to return the lease deposit does not lead to

However, even according to the Plaintiff’s assertion, the Plaintiff did not have a director because the Defendants did not intend to refund the lease deposit. Therefore, the part of the Plaintiff’s claim for delay damages premised on the Defendants’ repayment delay is unacceptable.

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