공사대금
1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s KRW 15% per annum from October 6, 2018 to May 31, 2019.
On January 30, 2018, the Defendant concluded a contract with the Plaintiff for the payment of KRW 91,00,000,000 for the construction period, from February 1, 2018 to April 10, 2018. The Plaintiff’s completion of the instant construction may be recognized by comprehensively taking into account the overall purport of the pleadings and the overall purport of the pleadings in each of the entries or images stated in the evidence No. 1 through 5 (including the number of branch numbers).
Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 36 million ( KRW 91 million - KRW 55 million that the Plaintiff was paid by the Defendant) and to pay damages for delay calculated at each rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 6, 2018 to May 31, 2019, the day after the delivery of a copy of the complaint of this case sought by the Plaintiff after completion of the construction to May 31, 2019, and from the following day to the day of full payment, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
[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 part of the Plaintiff’s claim for damages for delay in excess is rejected. Thus, the Plaintiff’s claim is accepted for most of the reasons, and the remainder is dismissed for lack of reason.