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(영문) 서울서부지방법원 2016.02.18 2015가단38883
임차보증금반환
Text

1. The defendant shall pay the plaintiff KRW 130,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. The judgment without holding any pleadings (Article 208(3)1 of the Civil Procedure Act): Provided, however, the plaintiff claimed for the payment of damages for delay from the date following the delivery date of a copy of the complaint of this case concerning the lease deposit, but the lessor's obligation to return the lease deposit and the lessee's obligation to deliver the leased object are in the simultaneous performance relationship. There is no assertion or proof that the plaintiff performed the obligation to deliver the leased object to the defendant or provided such performance. Thus, it cannot be deemed that the obligation to return the lease deposit was delayed, and therefore, the part claiming damages

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