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(영문) 수원지방법원안양지원 2017.08.09 2017가단1729
용역대금
Text

1. The Defendant’s KRW 64,802,790 and KRW 59,706,667 among the Plaintiff’s KRW 5% per annum from January 14, 2016 to August 9, 2017.

Reasons

1. From June to April 2006 to April 2009, the Plaintiff completed the service by receiving 30 conditions geological and ground protocol services from the Defendant, such as the Gwangju Insurance Center, and the amount payable was KRW 103,290,000 (including value added tax).

On December 21, 2010, the Plaintiff reduced the outstanding amount to KRW 66 million (including surtax) in order to encourage the Defendant to repay the outstanding amount.

The Defendant repaid to the Plaintiff KRW 10 million on February 6, 2013, KRW 3.5 million on the same month, KRW 1.5 million on January 29, 2014, and KRW 2 million on January 13, 2016.

[Ground of recognition] Unsatisfy, entry of evidence A1-2, purport of the whole pleadings

2. According to the above facts of recognition, as of December 21, 2010, the Defendant is obligated to pay the Plaintiff a service payment of KRW 66 million and damages for delay of 5% per annum under the Civil Act as sought by the Plaintiff from December 22, 2010, the following day of the above agreement.

After that, if the defendant's repayment is made in the order of interest and principal, interest 5,096,123 won, principal 59,706,667 won will remain as of January 13, 2016, which is the final repayment date, as follows.

Therefore, the Defendant is obligated to pay to the Plaintiff 64,802,790 won (=5,096,123 + 59,706,667) plus damages for delay calculated by the rate of 15% per annum as stipulated in the Civil Act from January 14, 2016 to the date of final repayment of the principal amount of KRW 59,706,667, which is the day following the date of final repayment, to the date of final payment, for the Defendant’s disputes over the scope of the obligation, and from the following day to the date of final payment.

The plaintiff claimed damages for delay from December 21, 2010 for KRW 60 million, but the amount exceeding the above recognized portion is without merit.

3. The plaintiff's claim for conclusion is partially accepted.

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