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(영문) 창원지방법원 2020.05.06 2020가단1212
계약보증금반환
Text

The defendant's KRW 40,00,000 and its ratio shall be 12% per annum from January 16, 2020 to the date of full payment.

Reasons

1. There is no dispute between the parties as to the termination of the agreement on the construction contract of solar power plants with respect to parcels outside C and 11 in Jeju, for which the Plaintiff gave a contract to the Defendant, and that the obligation to return KRW 40,000,000 to the Plaintiff is the effect of restitution.

Although the defendant has no sufficient means to make a payment, it can not be a valid ground for postponement.

2. If so, the defendant is liable to pay to the plaintiff 40 million won deposit and damages for delay at the rate of 12% per annum from the day after the copy of the complaint is served to the day after the completion of the contract.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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