공사대금
1. The Defendant’s KRW 53,300,000 and its amount shall be 15% per annum from January 23, 2019 to May 31, 2019 to the Plaintiff.
1. As to the cause of the claim, the Plaintiff received a subcontract for the electrical construction from the Defendant and completed the electrical construction among the new construction works of the Busan Seo-gu Neighborhood living facilities located in D, but was not paid the construction cost of KRW 3.5 million, and the construction cost of the third-party residential complex building located in Busan Seo-gu E (hereinafter “E third-party site”) was subcontracted and completed the electrical construction, but the construction cost of KRW 49.45 million was not paid, and there is no dispute between the parties. Thus, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 53.3 million (= KRW 3.85 million) and the damages for delay calculated by the date following the date of delivery of the application for change of the purport of the claim of this case and the cause of the claim by the date of May 31, 2019 (amended by Presidential Decree No. 24945, May 26, 2019).
(A) The Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum after June 1, 2019, but the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda, in cases where pleadings have been closed after June 1, 2019, the former provisions apply 15% per annum until May 31, 2019, and 12% per annum under the amended provisions from June 1, 2019, respectively. Thus, the Plaintiff’s claim for damages for delay is without merit).2.
A. The Defendant asserted that the Defendant subcontracted to the Plaintiff the electrical construction among the construction works for the construction of the fourth residential complex building located in the Busan Seo-gu and four parcels (hereinafter “F4-site”). The Plaintiff was the Plaintiff.