공사대금
1. The defendant shall pay to the plaintiff KRW 205,414,382 as well as KRW 68,509,00 among them, from November 9, 2018 to the day of full payment.
1. Around 2002, the Plaintiff entered into a claim for reimbursement of KRW 68,509,000 against the Defendant by performing flood restoration works awarded by the Defendant.
Accordingly, on June 23, 2008, the Plaintiff filed an application for the payment order against the Defendant for the payment of the construction cost, and the payment order (hereinafter “previous payment order”) was issued and finalized on June 23, 2008 by Suwon District Court 2008Da3753, “The Defendant shall pay to the Plaintiff KRW 68,509,000 and damages for delay calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment.”
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to KRW 232,817,982 plus KRW 164,308,982 from June 28, 2006 to June 24, 2018, plus KRW 68,509,000.
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. The Plaintiff in part of each term shall claim for the payment of the principal amount of KRW 68,509,000 from June 28, 2006.
However, according to the previous payment order, the above payment order will be served on the defendant on June 27, 2008, and it is clear that the previous payment order was served on the defendant on June 27, 2008.
Accordingly, the above 68,509,000 won is calculated from June 28, 2008 until June 24, 2018 (in September 362), when calculating damages for delay filed by the Plaintiff from June 24, 2018, the damages for delay are 136,905,382 won (=68,509,000 x annual 20% x (9362/365).
Accordingly, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 205,414,382 (i.e., the principal amounting to KRW 68,509,000 for delay damages amounting to KRW 136,905,382) and the principal amounting to KRW 68,509,000 for the principal amount, calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 9, 2018 to the date of full payment.