beta
(영문) 서울남부지방법원 2020.04.22 2019가단261743

사용료

Text

1. The Defendant shall pay to the Plaintiff KRW 195,548,740 as well as 12% per annum from December 14, 2019 to the date of full payment.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 5, the defendant received "C Service" from the plaintiff on August 23, 2017, and paid the plaintiff the service fee, and entered into a service use agreement with the defendant to pay an amount equivalent to 2/100 of the unpaid fee as additional dues if the defendant fails to pay the service fee by the due date, and as of the closing date of the argument in this case, the defendant is in arrears of KRW 195,548,740, the total service fee and additional dues from June 2019 to August 2019. Thus, barring any special circumstance, the defendant is obliged to pay the plaintiff delayed damages at the rate of 195,548,740, the above total service fee and additional dues from June 2019 to August 2019.

On June 24, 2019, the Defendant alleged that he/she paid KRW 21,621,160 out of the Plaintiff’s claim amount. However, according to the written evidence Nos. 4 and 5, KRW 21,621,160, which the Plaintiff repaid, paid the usage fee for the portion of May 2019, and it appears that the Defendant’s claim is irrelevant to the usage fee from June 2019 to August 2019, and thus, the Defendant’s above assertion is without merit.

Therefore, the plaintiff's claim of this case is accepted as reasonable.