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(영문) 전주지방법원 남원지원 2021.02.10 2020가단2534
용역비반환
Text

The defendants shall jointly and severally pay 50 million won to the plaintiff and 12% per annum from August 28, 2020 to the date of full payment.

Reasons

The following facts may be acknowledged as either a dispute between the parties or by adding the whole purport of the pleadings to the statements in Gap 1 and 2.

On February 12, 2020 and April 30, 2020, the Defendants agreed to non-return services with the purport that the Plaintiff shall refund the remainder of KRW 50 million out of the service costs paid to the Plaintiff regarding the service contract for solar power generation development activities in Namwon-si.

In light of the terms and conditions of the agreement on the repayment of the above service costs, the Defendants jointly and severally agreed to return the remainder to the Plaintiff.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50 million in return of service costs and the amount of damages for delay.

As to this, the defendants have contents of monetary settlement between the plaintiff and the plaintiff.

One of the arguments, there is no evidence to acknowledge it.

Rather, according to the above service non-return agreement, it seems that there is no settlement between the Plaintiff and the Defendants.

The above assertion by the Defendants is rejected.

Therefore, the Defendants are jointly and severally obligated to pay delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 28, 2020 to the date of full payment, which is equivalent to the complaint, as requested by the Plaintiff, as a result of the payment period for the amount of KRW 50 million and the amount of KRW 50 million after the payment period.

The plaintiff's claim against the defendants is justified and accepted.

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