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(영문) 부산지방법원 2019.10.01 2019가단5747
계약금반환
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate from December 15, 2017 to April 15, 2019, and the following.

Reasons

1. According to the overall purport of each statement and pleading by Gap's evidence Nos. 1 and 2 (including each number) as to the cause of the claim, the plaintiff entered into a construction contract with the defendant around August 2017, under which the plaintiff entered into an agreement with the defendant for remodeling works on the general housing in Busan-gu C (hereinafter "the instant construction works") and paid the defendant a pre-payment of KRW 60 million as the construction price. The defendant delayed the instant construction works, and the defendant entered into an agreement with the plaintiff on December 7, 2017 on December 14, 2017 (Evidence No. 60 million as the return cycle (Evidence No. 2). There is no evidence contrary thereto.

Therefore, the defendant is obligated to pay to the plaintiff 60 million won with the agreed amount and the delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act and 12% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, on the record that the original copy of the payment order in this case is served on the defendant from December 15, 2017 after the due date to the day of full payment.

2. The defendant's argument regarding the defendant's assertion that although the defendant did not complete the construction, since some construction works were performed, it is alleged that the full amount of the construction cost received from the plaintiff cannot be refunded. However, while the defendant delayed the construction, the fact that the defendant agreed to return the full amount of the construction cost of KRW 60 million between the plaintiff and the plaintiff is identical as seen above. Thus, the defendant's argument against this cannot be accepted.

3. Conclusion, the plaintiff's claim is justified.

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