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(영문) 창원지방법원마산지원 2016.08.24 2015가단7070

대여금

Text

1. The Defendant: (a) KRW 31,00,000 for the Plaintiff and KRW 20% per annum from August 22, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. On December 8, 2014, the Defendant was subcontracted to the construction cost of KRW 237.6 million (including value added tax) from among the Jinhae Dormitory reconstruction Works ordered by the Agency for Defense Development from the construction of the Non-Party Corporation (hereinafter “Non-Party Company”).

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 1 and the purport of the whole pleadings

2. As to the cause of the claim

A. The Plaintiff and the Defendant agreed to arrange for the Plaintiff to accept the instant construction contract from the Nonparty Company, and receive KRW 31 million from the Defendant to the fee, and the Defendant agreed to pay the Plaintiff the sum of KRW 31 million to the Plaintiff on May 19, 2015, which was subsequent to the subcontract for the instant construction project (hereinafter “instant agreement”) by June 15, 2015, may be acknowledged pursuant to each of the entries and arguments in subparagraphs A and 3 (including the serial number).

B. According to the above facts, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff fees of KRW 31 million and damages for delay at each rate of KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) from August 22, 2015 to September 30, 2015, which is obviously indicated in the record that the delivery date of the original copy of the instant payment order, as the Plaintiff seeks, as the result of the payment of the original copy of the instant payment order, to the Plaintiff, according to the instant agreement, barring any special circumstance.

After October 1, 2015, the Plaintiff claimed damages for delay at the rate of 20% per annum. However, the Plaintiff’s statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is reduced from 20% per annum to 15% per annum.