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(영문) 창원지방법원진주지원 2019.01.18 2018가단5283
임대차보증금
Text

1. The defendant shall pay 45,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The indication of the claim is as shown in the annexed Form “Grounds for Application”;

(2) Articles 257(1) and 208(3)1 of the Civil Procedure Act of the applicable provisions of the Civil Procedure Act (a non-litigation judgment)

3. Some dismissed parts claim damages for delay from February 25, 2018, which is the day following the expiration of the lease term, for the lease deposit amount of KRW 45,00,000,00, from February 25, 2018 to the day of full payment. However, the lessor’s obligation to return the lease deposit upon the termination of the lease is in the simultaneous performance relationship with the lessee’s obligation to return the leased object. Since there is no assertion that the Plaintiff returned the leased object to the Defendant, it cannot be deemed that the Defendant’s obligation to return the lease deposit was delayed payment.

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