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(영문) 창원지방법원거창지원 2019.09.26 2018가합10342

공사대금

Text

1. The defendant shall pay KRW 101,00,000 to the plaintiff (Appointed Party) and the appointed party C, and KRW 165,50,000 to the plaintiff (Appointed Party).

Reasons

1. The indication of the claim is as shown in Appendix 1.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

3. The Plaintiff (Appointed Party) sought payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. However, the statutory interest rate of the Plaintiff (Appointed Party)’s claim for damages for delay exceeding 12% per annum, which is the revised statutory interest rate, is partially amended by Presidential Decree No. 29678, May 21, 2019, and the statutory interest rate was set at 12% per annum from June 1, 2019, the enforcement date of which was June 1, 2019. Since it is apparent in the record that the duplicate of the complaint of this case was served on the Defendant on July 11, 2019, the copy of the complaint of this case was delivered to the Defendant, the part of the Plaintiff (Appointed Party)’s claim for damages for delay