공사대금반환
1. The Defendant amounting to KRW 31 million to the Plaintiff and the Plaintiff’s 6% per annum from June 7, 2018 to November 22, 2019.
1. On April 25, 2018, the Plaintiff entered into a contract for the construction of tourist hotel in KRW 260,000,000 and paid KRW 31,00,000 to the Defendant, the Defendant did not proceed with the construction. As the Plaintiff did not comply with the Plaintiff’s request for return of construction expenses, the Plaintiff filed a claim for payment of KRW 31,00,000 and damages for delay.
3. In accordance with Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, 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. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda, the part demanding the payment of damages for delay calculated at the rate exceeding 12% per annum among the Plaintiff’s claims is dismissed.