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(영문) 의정부지방법원고양지원 2019.10.11 2019가합975
임대차보증금반환
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

1. On September 1, 2016, the Plaintiff, with the indication of the claim, leased the C building D from the Defendant for a lease deposit of KRW 230,000,000, and the lease term from November 18, 2016 to November 17, 2018. The Plaintiff paid all the lease deposit to the Defendant around that time.

Then, on February 8, 2019, the Plaintiff expressed his/her intent to terminate the above lease contract through a certificate of content, and requested the Defendant to refund the lease deposit by May 7, 2019, but did not have yet to be returned. Thus, the Defendant is obliged to pay the Plaintiff KRW 230,000,000.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act;

3. Some dismissed parts of the Plaintiff claimed for the payment of damages for delay from the day following the delivery of a copy of the complaint of this case to the lease deposit. However, in the event that the lease contract is terminated, the lessee’s obligation to deliver the leased object and the lessor’s obligation to return the lease deposit are concurrently performed. Thus, unless the lessee delivers the leased object or fails to provide performance, the lessor’s obligation to return

However, even according to the plaintiff's assertion, the plaintiff still resides in the above leased object, and there is no reason to claim damages for delay on the premise that the defendant's obligation to return the lease deposit has been delayed.

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