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1. As to the Plaintiff KRW 165,00,000 and its KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 165,00,000 from September 16, 2017.
Reasons
1. The following facts are acknowledged according to the purport of Gap evidence No. 1 and the whole pleadings.
The Plaintiff paid KRW 165,00,000 to the Defendant as advance payment for the C Building Construction in Jeju City.
The Defendant did not perform the construction work and thus the construction contract was canceled, and the Defendant promised to pay to the Plaintiff KRW 165,000,000 in advance and KRW 10,000,000 each month from October 30, 2017.
2. According to the facts of recognition, the Defendant is deemed to have agreed to pay to the Plaintiff KRW 10,000,000 as the return of advance payment, and to pay KRW 150,000,000 over 15 times every 15 times from October 15, 2017 to December 30, 2018, with KRW 10,000,000, and to pay the remainder of KRW 5,000,00 on January 30, 2019.
Thus, the defendant is obligated to pay 165,00,000 won in advance to the plaintiff as well as damages for delay calculated at each rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment with respect to advance payment to the day of service of the original copy of the payment order in this case, which is clear from the day after the day of each due date to October 12, 2019.
The Plaintiff claimed for the payment of damages for delay from September 16, 2017 for the total amount of advance payment. However, there is no assertion as to the grounds for deeming that the Defendant lost the benefit of each installment payment before the final due date for payment. Therefore, the Plaintiff’s assertion as to the claim for damages for delay exceeding the above recognized scope is without merit.
3. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.