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(영문) 광주지방법원 2020.02.07 2019가합205

공사대금

Text

1. Defendant C Co., Ltd.: (a) KRW 37,680,000 on the Plaintiff (Counterclaim Defendant) and its related thereto from September 12, 2018 to May 31, 2019.

Reasons

1. On January 17, 2017, the Plaintiff’s determination as to the Plaintiff’s claim against Defendant C (hereinafter “Defendant Company”) made a subcontract for the construction of neighborhood living facilities (hereinafter “instant construction”) from Defendant C Co., Ltd. (former D Co., Ltd.; hereinafter “Defendant Co., Ltd.”) to the Seo-gu, Gwangju-gu, for the construction cost of KRW 61,60,000 (including value-added tax) and completed the said construction. The Plaintiff agreed to pay the Plaintiff KRW 5,148,00 for the said additional construction work, and the fact that the Defendant Company led to an agreement to pay the Plaintiff KRW 5,148,00 for the said additional construction work is deemed to have led to the confession by the Defendant Company pursuant to Article 150 of the Civil Procedure Act.

Therefore, among the total construction cost of KRW 66,748,00 (i.e., KRW 61,600,000) (i.e., KRW 5,148,000 less KRW 23,000 that the Plaintiff had already received), the Defendant Company is obligated to pay the Plaintiff damages for delay calculated annually from September 12, 2018 to May 31, 2019, pursuant to the provision on special cases concerning the promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc. (amended by Presidential Decree No. 29768, Jun. 1, 2019).

(Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum, 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 on May 21, 2019 and enforced on June 1, 2019. As such, from June 1, 2019, only 12% per annum, which is the interest rate pursuant to the above amendment, is recognized). 2. Determination as to the Plaintiff’s main claim against the Defendant B and the counterclaim claim against the Defendant B

(a)based;