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(영문) 서울서부지방법원 2020.08.19 2020가합31722
임대차보증금
Text

1. The defendant,

A. At the same time, the Plaintiff’s transfer of real estate stated in paragraph 1 of the list from the Plaintiff A (attached Form 1).

Reasons

1. The indication of the grounds for the claim (attached Form 2) is as shown.

2. The plaintiffs under Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts (judgment by public notice) shall claim damages for delay calculated at the rate of 5% per annum from the delivery date of each of the above real estate on lease deposit to the day of full payment.

This is a future performance suit that provides that the defendant does not return the lease deposit even though the plaintiffs delivered the leased object or provided the performance.

A lawsuit for future performance may be brought only where it is necessary to file a prior claim (Article 251 of the Civil Procedure Act). In this context, where a prior claim is required, it refers to cases where the obligor cannot expect the voluntary performance when the due date comes or the conditions are fulfilled because the obligor is disputing the existence of the obligation from the date of the due date or when the obligor contests the existence of the obligation. However, in this case where the location of the Defendant is unknown, the Plaintiffs need to file a prior claim.

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