선급금 등 반환
1. The defendant's KRW 176,00,000 for the plaintiff and 5% per annum from March 29, 2020 to June 17, 2020.
1. The Defendant indicated the claim. The Plaintiff and the Defendant agreed on February 2019 that “If the Plaintiff pays KRW 220 million to the Defendant as advance payment, the Defendant shall pay the Plaintiff the full amount of the said advance payment, fees, and profits by August 5, 2019, on condition that the Plaintiff shall pay the Plaintiff KRW 50 million as compensation for damages in addition to the amount paid in advance, where the problem arises or the construction is suspended due to the Defendant’s cause.
The Plaintiff paid KRW 160 million to the Defendant on February 18, 2019, KRW 50 million, KRW 50 million on February 26, 2019, KRW 160 million on March 4, 2019, and KRW 55 million on March 4, 2019, but the above construction has not been commenced up until now. Accordingly, pursuant to the agreement above, the Defendant is obligated to pay to the Plaintiff the aforementioned advance payment amounting to KRW 160 million, KRW 50 million, and KRW 210 million, and damages for delay.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Partial dismissal.
A. The Plaintiff, along with the return of advance payment of KRW 160 million paid to the Defendant, sought payment of KRW 50 million for damages under Article 3(2) of the advance payment agreement (Evidence A; hereinafter “instant agreement”).
B. The damages stipulated in the agreement of this case shall be presumed to be the liquidated damages (Article 398(4) of the Civil Act), and if the liquidated damages are unreasonably excessive, the court may reduce the liquidated damages to the reasonable extent.
(Article 398(2) and (4) of the Civil Act (Article 398(2) of the Civil Act). Each of the statements Nos. 1 and 2, which are acknowledged as being comprehensively taken into account the purport of the entire pleadings, namely, the following circumstances, namely, KRW 50 million paid by the Plaintiff, in light of the amount of KRW 160 million paid by the Plaintiff and the interest under the Interest Limitation Act, and the purpose and content of the above agreement.