(영문) 대구지방법원서부지원 2020.08.25 2020가단55753

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(영문) 대구지방법원서부지원 2020.08.25 2020가단55753

약정금

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1. The defendant shall pay to the plaintiff 172,40,000 won with 12% per annum from May 5, 2020 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff was awarded a contract with the Defendant for the services, such as “after the Environmental Impact Survey” from around 2013 to around 2019, and was not paid KRW 172,400,000 (hereinafter “unpaid service payment”) out of the service payment. The Plaintiff and the Defendant prepared each of the following contents (hereinafter “each of the instant orders”) with respect to the payment for the above unpaid service on January 15, 2020, and the fact that the Defendant was not paid the amount of installments under each of the above orders does not conflict between the parties:

1. The repayment shall be made in the amount of KRW 30 million on January 31, 2020, KRW 30 million on February 28, 2020, KRW 20 million on March 31, 2020, and KRW 10 million on the last day of each month from March 31, 2020, and the repayment shall be made in the amount of KRW 10 million on the last day of each month, and the Defendant shall, without delay, make repayment to the Plaintiff when securing the obligation even before the repayment date.

2. If the Defendant fails to pay the above debt on the designated date, the Defendant is obligated to take any legal measures against the Defendant at the Plaintiff’s side. According to the above facts of recognition, the Defendant agreed to pay the unpaid service payment as prescribed by the letter of this case in installments from January 31, 2020 to the Plaintiff, and thus, the Defendant has lost the benefit of the time due to its failure to pay the unpaid service payment at all. As such, the Defendant is obligated to pay the Plaintiff the unpaid service payment of KRW 172,400,000 and the delay damages calculated at the rate of 12% per annum from May 5, 2020 to the date following the delivery date of the copy of the complaint of this case as requested by the Plaintiff.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all participating Justices.

참조조문

-소송촉진 등에 관한 특례법

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