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(영문) 대전지방법원천안지원 2017.08.23 2017가단960
선급금 반환
Text

1. The defendant shall pay 31,160,000 won to the plaintiff and 15% per annum from February 8, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an oral contract with the Defendant for electrical construction, factory repair, and air condition repair related to the establishment of plastic houses, and paid the Defendant KRW 92,80,000 in total on several occasions during the period from September 6, 2016 to December 10, 2016 as construction price.

B. Around December 2016, the Plaintiff and the Defendant agreed to the foregoing contract, and the Defendant agreed to return the amount of KRW 61,640,000, out of KRW 92,80,000, which was paid, to the Plaintiff, to the Plaintiff by December 21, 2016, while the Defendant already spent KRW 61,640,00, which was paid, as construction cost (=92,80,000-61,640,000).

(hereinafter referred to as the “instant return agreement”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap 1 through 4 (including the serial number), and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 31,160,000 won under the return agreement of this case and damages for delay calculated at the rate of 15% per annum from February 8, 2017 to the day following the delivery date of the copy of the complaint of this case sought by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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