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(영문) 의정부지방법원 2016.04.06 2015가단39548
임차보증금반환
Text

1. The defendant shall pay the plaintiff KRW 40,000,000.

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 (1) of the Civil Procedure Act;

3. Some dismissed parts of the Plaintiff also claim damages for delay for the period from the day immediately after the delivery date of a copy of the complaint of this case to the day of full payment. However, the Plaintiff’s obligation to deliver the leased object and the Defendant’s obligation to return the lease deposit are in the simultaneous performance relationship, and there is no assertion as to the Plaintiff’s delivery or delivery of the leased object to the Defendant. Therefore, the Plaintiff’s claim for damages for delay

[In a case where both obligations are simultaneously performed in a bilateral contract, even if one of the parties' obligations becomes due, it shall not be held liable for the delay of performance until the other party's obligation is performed, and such effect does not necessarily result in the exercise of the right of defense for the simultaneous performance. Thus, in a case where one of the parties' obligations is provided under a bilateral contract in a simultaneous performance relationship, if the other party's act is necessary in the performance of his/her obligation, the preparation for the performance may be completed at any time, and the other party shall be notified of the fact to receive it, and the other party shall be allowed to receive it from the delay of performance (see Supreme Court Decision 201Da3764, Jul. 10, 201).]

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