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1. The Defendant’s KRW 50,000,000 and its amount shall be 6% per annum from September 10, 2016 to January 18, 2019 to the Plaintiff.
Reasons
1. We examine the judgment on the cause of the claim. The plaintiff is a person who engages in design and supervision service business under the trade name of "D Architectural Office". With respect to the new construction of an apartment building located outside Yongcheon-si, the plaintiff entered into a service contract with the defendant on July 21, 2015 with respect to construction design service (service cost of KRW 56,430,00) and construction supervision service (service cost of KRW 59,400,000) with the defendant on July 21, 2015. The plaintiff completed design and supervision service pursuant to the above service contract. The plaintiff and the defendant agreed on August 22, 2016 that the defendant shall pay KRW 50,000,000 not paid to the plaintiff within 10 days from the date of completion of the apartment building in this case, or that the plaintiff did not have any dispute over the purport of the whole service payment of KRW 50,00,000 between the plaintiff and the parties concerned as of August 30, 2016.
According to the above facts, the Defendant’s statutory interest rate of KRW 50 million for the Plaintiff from August 30, 2016, which was ten days after the completion date of the instant apartment project, to January 18, 2019, the delivery date of the original copy of the instant payment order from September 10, 2016 to January 10, 2019; Article 3(1) of the Commercial Act; the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until May 31, 2019; Article 2(2) of the Addenda of the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); Article 3(1) main text of the former Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 2971, May 21, 2019; main text of Article 3(1)5).