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(영문) 전주지방법원 2020.11.03 2020가단23440
대여금
Text

1. The defendant's KRW 116,893,561 as well as 5% per annum from January 1, 2020 to August 25, 2020 to the plaintiff, and the following.

Reasons

1. Facts of recognition;

A. On August 7, 2018, the Plaintiff and the Defendant concluded a contract among the total transfer price of KRW 410 million (excluding value-added tax); KRW 30 million at the time of entering into the contract; KRW 50 million at September 30, 2018; KRW 30 million at the time of the first intermediate payment; KRW 30 million at the second intermediate payment on October 30, 2018; and KRW 300 million after the inspection before the completion of the construction; and the Defendant paid the remainder of KRW 300 million after the completion of the construction; however, the Defendant concluded a contract for the supply and transfer of solar power plant sites (hereinafter referred to as “instant contract”).

B. The instant special agreement provides that “The Defendant shall complete installation works for solar-powered facilities within June 2019, and if the Defendant fails to comply therewith, the Defendant shall pay 2.5 million won per month until the completion of the construction works as damages for delay.”

C. Under the instant contract, the Plaintiff paid the Defendant the sum of KRW 30 million and KRW 80 million in the first and second intermediate payments. D.

As the Defendant failed to complete solar-powered installation works under the instant contract by June 2019, the Plaintiff’s husband D, who is the Plaintiff or his/her agent, sent each written claim to the Defendant for the payment of KRW 2.5 million for delay damages as stipulated in the terms and conditions of the instant contract on August 9, 2019, by the content-proof mail demanding the performance of the duty to complete the construction works under the instant contract on September 19, 2019, by urginging the repayment of the contractual performance on October 18, 2019, by the content-proof mail demanding the repayment of the contractual performance on October 18, 2019, along with the rescission of the contract on November 4, 2019, each of the said written statements reached the Defendant immediately thereafter.

E. On November 18, 2019, the Plaintiff signed a written request for termination of the contract stating that “The Plaintiff shall not file a civil or criminal claim against the Defendant simultaneously with cancelling the agreement of the instant contract and returning the down payment and the intermediate payment.” The Plaintiff immediately signed it with the employee of the Defendant.

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