양수금
1. The Defendant: KRW 176,353,395 for the Plaintiff and KRW 15% per annum from February 19, 2019 to May 31, 2019; and
1. The facts of recognition C Co., Ltd. (hereinafter referred to as “C”) had not received construction cost of KRW 1,522,020,000 even after the completion of the construction by subcontracting the machinery and equipment works of the D hotel and Jeju E hotel.
On December 24, 2018, the Plaintiff transferred KRW 176,353,395 out of the above claim for construction cost from C, and on December 26, 2018, notified the Defendant of the assignment of claims by content-certified mail.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 176,353,395, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 19, 2019 to May 31, 2019, the following day following the delivery date of the complaint, as the Plaintiff seeks.
As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum, and it was 12% per annum from June 1, 2019. Thus, the claim for delay damages for the period after June 1, 2019 is justifiable only within the amount calculated at the rate of 12% per annum, and the remainder is groundless.
3. The plaintiff's claim for conclusion is partly accepted within the extent of the above recognition.