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The defendant shall pay to the plaintiff KRW 150 million and the remaining KRW 50 million from November 1, 2019 and KRW 100 million from among them.
Reasons
1. Basic facts
A. On May 8, 2018 of the same year, the Plaintiff entered into a contract for the supply and transfer of the site for solar power plants (hereinafter “each of the instant contracts”) with the Defendant, and the Defendant paid KRW 150 million in total to the Defendant as the down payment under each of the instant contracts, with the content that the Plaintiff shall pay KRW 3.5 billion to the Defendant, in return for completing solar power generation facilities on each of the sites E in Pyeongtaek-gun, Young-gun, Gangwon-do and Chungcheongbuk-si, and that the said site and solar power generation facilities shall be transferred to the Plaintiff, and the Plaintiff shall pay KRW 150 million to the Defendant as the down payment.
B. On October 7, 2019, the Plaintiff requested the Defendant to terminate each of the instant contracts, and the Defendant, around that time, promised to pay the remainder KRW 50 million up to October 31, 2019 until October 31, 2019, and until November 30, 2019.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8, purport of whole pleadings]
2. According to the facts found in the above determination, each of the instant contracts was terminated by agreement around October 2019, and the Defendant agreed to return to the Plaintiff a down payment of KRW 50 million up to October 31, 2019, and KRW 100 million up to November 30, 2019. As such, the Defendant is obligated to pay to the Plaintiff delay damages at the annual rate of 50 million from November 1, 2019, the following day following the date of the agreed repayment with respect to KRW 10 million, and from December 1, 2019, to March 30, 2020, each of which was served with a complaint of KRW 50 million up to March 30, 2019, and from the day following the date of the agreed repayment with respect to KRW 10 million up to KRW 50 million,000,000,000 to November 30, 2019.
3. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.