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(영문) 수원지방법원성남지원 2015.08.28 2015가단13545
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 41,00,000 as well as 20% per annum from April 7, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 11, 2014, the Plaintiff entered into a contract on the use of bathing facilities (services) with the Defendant and Seo-gu Incheon, Incheon for a service deposit of KRW 110 million.

B. According to the above contract, the Plaintiff paid the down payment of KRW 11 million, intermediate payment of KRW 49 million in total, KRW 60 million.

C. However, on May 15, 2014, the Defendant ordered to order bath services at the same time as the remainder of KRW 60 million, but failed to order the order, thereby demanding the return of KRW 60 million that the Plaintiff paid to the Defendant.

On August 20, 2014, the Defendant remitted KRW 5 million to the Plaintiff’s account, KRW 7 million on August 27, 2014, and KRW 6 million on October 8, 2014, to the Plaintiff’s account. On August 20, 2014, the Defendant paid KRW 19 million in cash and returned KRW 19 million in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from April 7, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint, to the day of full payment.

The defendant alleged that the plaintiff paid a total of KRW 60 million to the plaintiff on August 2, 2014, but the defendant paid a total of at least KRW 25 million to the plaintiff on September 2, 2014, and October 2, 2014. However, there is no evidence to acknowledge this, the defendant's statement of repayment exceeding KRW 19 million recognized earlier is without merit.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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