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(영문) 인천지방법원부천지원 2019.04.09 2018가단124074
대여금
Text

1. The defendant shall pay KRW 150,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The part that partially dismissed (the part that claims delayed damages) is the lessee, and the Plaintiff, as the lessee, claims for the payment of the delayed payment from the day following the delivery of a copy of the complaint of this case to the day of full payment, as to the lessor’s KRW 150 million.

However, inasmuch as a lessee’s duty to deliver leased object and a lessor’s duty to return a lease deposit are in a simultaneous performance relationship, in order to extinguish a lessor’s right to defense of simultaneous performance and to recognize a lessor’s duty to delay liability for the repayment of a lease deposit, the lessee must deliver the leased object to the lessor or provide the delivery of the leased object (see, e.g., Supreme Court Decision 2001Da77697, Feb. 26, 2002). Since there is no assertion that the Plaintiff either delivered the leased object to the Defendant or provided the delivery of the leased object, the Plaintiff’s right to claim for delay

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