공사대금
1. The Defendant’s KRW 60,900,000 as well as the Plaintiff’s annual rate from June 1, 2017 to September 26, 2017, and the following.
Around February 2017, the Defendant subcontracted the portion of electrical construction works among D Corporation to the Plaintiff by setting the construction cost of KRW 69 million (excluding value-added tax) and the construction period from February 9, 2017 to May 31, 2017, and the Plaintiff’s completion of the electrical construction works around May 31, 2017 may be recognized by taking into account the following as a whole: (a) there is no dispute between the parties; or (b) there is no dispute between the parties; or (c) the purport of the entire pleadings in the entries or videos of evidence No. 1, 2, 4, 5, 7, and 8.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 60,90,000 won (69,000 won x 1.1 - 15 million won that the Plaintiff was paid by the Defendant on April 12, 2017) out of the construction price of the instant case and damages for delay calculated at each rate of 12% per annum under the Civil Act from June 1, 2017 to September 26, 2017, the delivery date of a copy of the complaint of this case, from the next day to the next day of May 31, 2019, to the next day of the delivery date of a copy of the complaint of this case, 5% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and from the next day to the day of full payment until the next day of the payment.
[1] Under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29678, May 21, 2019 and enforced on June 1, 2019), the delayed interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings after June 1, 2019 was revised to 12% per annum, and thus, part of the claim for damages for delay in excess shall not be accepted. Accordingly, the defendant asserts to the effect that there is the amount additionally repaid other than KRW 15 million for the Plaintiff, but it is not accepted without any evidence to acknowledge it.
In addition, the defendant asserts to the effect that he cannot respond to the plaintiff's claim since he/she applied for bankruptcy and immunity as the Daejeon District Court 2017Hadan1383 and 2017Ma1378. However, there is no evidence to acknowledge that the decision to grant immunity against the defendant becomes final and conclusive, and the above assertion is not accepted.