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(영문) 의정부지방법원고양지원 2020.07.23 2020가단81560
보증금반환
Text

1. The defendant shall pay 180,000,000 won to the plaintiff.

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 of the Civil Procedure Act);

3. Although the Plaintiff seeking for the payment of damages for delay for the above KRW 180 million, the Defendant’s obligation to return the lease deposit and the Plaintiff’s obligation to deliver the apartment of this case are in a simultaneous performance relationship, and there is no delay of performance while there is a defense for simultaneous performance. Therefore, unless there is any assertion or proof as to the delivery of the apartment of this case, it cannot be deemed that the Defendant’s obligation to return the lease deposit has reached the delay of performance, unless there is any assertion or proof as to the delivery of the apartment

Therefore, the part of the plaintiff's claim for delay damages is without merit.

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