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(영문) 서울중앙지방법원 2018.05.29 2017가단5193500

손해배상(기)

Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from November 30, 2017 to the date of full payment.

Reasons

1. In fact, the facts below acknowledged can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 2, 3-1, 2, and 4-9.

On July 20, 2016, the Plaintiff entered into a contract with the Defendant for the studio Construction Work on the ground of Dongjak-gu Seoul Metropolitan Government, and determined the construction cost as KRW 454,50,000 (excluding value-added tax) from July 20, 2016 to December 30, 2016.

B. The Plaintiff paid the Defendant the construction cost of KRW 440,000,000 in total by February 10, 2017 in relation to the instant construction project.

However, the Defendant performed construction work that does not reach half around that time, and renounced the instant construction work on March 14, 2017.

C. After doing so, the Plaintiff completed the construction work into KRW 200,000 for the remainder of the construction work.

2. According to the above facts of determination, the defendant has a duty to return KRW 200,000,000 as claimed by the plaintiff, since he renounced the construction work that does not reach half of the amount, even though he received the construction cost equivalent to KRW 440,00,000 from the plaintiff.

Therefore, the Defendant shall pay to the Plaintiff the amount of KRW 200,000,000 as well as damages for delay calculated at the rate of 15% per annum from November 30, 2017 to the date of full payment after the delivery of a copy of the instant complaint.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.