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1. The Defendant: (a) KRW 32,847,200 for the Plaintiff and KRW 15% per annum from April 6, 2019 to May 31, 2019; and (b).
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including branch numbers if there are serial numbers) as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff supplied goods or provided repair services equivalent to 57,257,200 won (including value-added tax) in total to the defendant several times during the period from April 19, 2013 to April 16, 2018, and the plaintiff received 24,410,000 won from the defendant as the price for the goods or services from May 7, 2013 to June 8, 2017.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 32,847,200 won (i.e., KRW 57,257,200 - KRW 24,410,00) and damages for delay calculated at the rate of 12% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from April 6, 2019 to May 31, 2019, which is the day following the day when the duplicate of the application for modifying the purport of the instant claim was served on the Plaintiff.
(A) The Plaintiff claimed damages for delay calculated at the rate of 15% per annum from the day after the duplicate of the instant complaint was served to the day of complete payment. However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda, in the instant case where the pleadings were concluded after May 31, 2019, 12% per annum, which is the statutory interest rate under the amended provisions, is applicable from June 1, 2019, and therefore, the part claiming damages for delay exceeding the above recognition scope, is without merit). The Defendant asserts that the Defendant cannot respond to the Plaintiff’s claims since rehabilitation procedures commenced against
Modern, Defendant .