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(영문) 수원지방법원 2018.11.14 2018가합17528
임대차보증금
Text

1. The defendant shall pay 230,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

On October 23, 2015, the Plaintiff leased an apartment complex of heading C207, 605, Suwon-si, Suwon-si, Seoul (hereinafter “instant apartment complex”) from the Defendant for the lease of KRW 230,000,000 from December 1, 2015 to December 1, 2017 (hereinafter “instant lease contract”). The fact that the Plaintiff paid KRW 230,000,000 to the Defendant is no dispute between the parties.

According to the above facts, the lease contract of this case terminated on December 1, 2017, and the Defendant is obligated to return to the Plaintiff KRW 230,000,000 under the lease contract of this case.

The Plaintiff claimed that damages for delay shall accrue from December 2, 2017 following the termination date of the instant lease agreement with respect to the deposit for lease on a deposit basis and claimed that damages for delay shall be paid from the completion date of the instant lease agreement to the day of full payment. Thus, the Plaintiff’s obligation to return the deposit for lease on a deposit basis and the Plaintiff’s obligation to deliver the apartment of this case are concurrently performed. However, there is no evidence to acknowledge that the Plaintiff performed the obligation to deliver the apartment of this case or provided the obligation to deliver the apartment of this case. Therefore, the Defendant’s obligation to return the deposit for lease on a deposit basis does not lead

The plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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