대여금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 384,106,815 as well as January 2014.
In the first instance court, the Plaintiff sought against the Defendant the payment of KRW 135,00,00,000 remaining after being used as the expenses of the partnership general meeting among KRW 300,000,000, which was paid to the Defendant as the bid bond, and ② the payment of design service expenses in lieu of the design service expenses, ③ the payment of KRW 111,59,050,00, and ③ the payment of the moving expenses interest, KRW 111,596,815, the total amount of KRW 415,646,815, and delay damages.
On the plaintiff's claim, the first instance court ordered the defendant to pay the plaintiff KRW 112,10,00 among the bid bond, ② the design service fee of KRW 169,050,00 for the design service fee, ③ the above ③ the loan interest of KRW 111,596,815 for the moving expenses, and damages for delay.
In response to this, only the defendant appealed, and the part against the defendant, ① the above 103,460,000 out of the bid bond and ② the design service fee of KRW 169,050,000 were not disputed, and the remainder was dissatisfied with this part.
Therefore, the scope of this Court’s adjudication is limited to ① KRW 8,640,00 among the bid bond (=12,100,000 won - KRW 103,460,00) - ③ Loan interest for moving expenses, and KRW 111,596,815, and damages for delay for each of the aforementioned money.
Basic Facts
The reasoning of the judgment which the court is to use this part is the same as that of the corresponding part of the judgment of the court of first instance, and thus, it is citing this in accordance with the main sentence of Article 420
On the ground that the Plaintiff’s determination of the cause of claim for the return of KRW 8,640,00 among bid bond (a bid bond equivalent to rent and value added tax) is revoked, the Plaintiff sought the return of KRW 8,640,000 (==8,580,000 of the partnership office rent from May 201 to May 201) out of the amount of KRW 300 million paid to the Defendant (=60,000 (=660,000 of the partnership office rent x 13 months) and value-added tax of KRW 60,00 of the rent on April 201).
In the event that the contract is terminated due to a cause attributable to the plaintiff or the defendant, the defendant shall include all kinds of loans and moving expenses borrowed from the plaintiff.