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(영문) 수원지방법원안산지원 2020.02.19 2019가단7358

공사잔대금

Text

1. The Defendant’s KRW 42,800,000 as well as 15% per annum from April 12, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. After completion of the panel construction work at the Defendant’s workplace, the Plaintiff claimed construction cost of KRW 52,80,000 to the Defendant on March 1, 2018.

The Defendant paid the construction cost of KRW 10,000,000 to the Plaintiff around January 2018, and KRW 6,000,000,000, around June 2018.

On March 13, 2019, the Defendant prepared and delivered the debt repayment plan of KRW 42,800,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2-1, 2-2, 4, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 42,800,000 won for the accrued construction price and damages for delay calculated at the rate of 15% per annum from April 12, 2019 to May 31, 2019, and 12% per annum from the next day to the day of complete payment.

(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 amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019. As such, 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 Plaintiff’s claim for delay damages for the period after June 1, 2019 is justified only within the scope of the amount calculated at the rate of 12% per annum. Thus, the Plaintiff’s claim for conclusion is justified, and the remainder is dismissed as there is no justifiable reason.