약정금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 26,500,000 and Defendant Chho Construction Co., Ltd. on July 1, 2015.
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 4 of the judgment as to the cause of the claim and the entire arguments, the Defendant Chish Construction Co., Ltd. (hereinafter “Chish Construction”) concluded a new Bhish Construction on May 12, 2015 with the Plaintiff on September 15, 2014, which entered into a contract with the Plaintiff on September 15, 2014, however, giving up the construction right on May 12, 2015.
“Along with the respective text and the respective text stating that “The payment of KRW 26,500,000 shall be made by June 30, 2015,” under the guarantee of the dialogic Construction Co., Ltd. (hereinafter referred to as “Mocleic Construction”) may be recognized as having been made.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 26,50,000 as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 1, 2015 to August 24, 2015, which is the delivery date of the instant payment order, from the next day to September 30, 2015, 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, 5% per annum as stipulated in the Civil Act from July 1, 2015 to December 111, 2015, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the duplicate of the instant complaint to the day of complete payment. However, according to the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015), the Plaintiff’s claim for damages for delay exceeding 15% per annum since October 1, 2015 is without merit, and is dismissed.
2. The Defendants’ assertion regarding the Defendants did not err in the misapprehension of the legal principle as to the amount of damages to the Defendant, since the Plaintiff arbitrarily disposed of materials equivalent to KRW 9,592,00 at the market price owned by Defendant Chy Construction.