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1. Defendant C’s KRW 31,589,500 and annual 15% from March 6, 2019 to May 31, 2019, respectively, to the Plaintiff.
Reasons
In full view of the purport of evidence No. 2-1 and No. 2 of the judgment as to the claim against Defendant C and the purport of the entire pleadings, the Plaintiff entered into an agreement on the supply of ready-mixed with Defendant C and entered into the same year from April 19, 2016.
9. Until 20.20, it is recognized that the defendant C provided ready-mixed equivalent to KRW 46,921,000.
The Plaintiff is a person who received KRW 15,31,500 from Defendant C, and according to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff the remaining amount of KRW 31,589,500 (= KRW 46,921,00, KRW 15,331,500 – 15,000), and as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation”), the payment order of this case from March 6, 2019 to May 31, 2019; and damages for delay calculated at the rate of 12% per annum from the next day to the day of full payment.
[Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum as prescribed by the Litigation Promotion Act, but it is limited to damages for delay calculated at the rate of 12% per annum from June 1, 2019 to June 1, 2019 pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Litigation Promotion Act (amended by Presidential Decree No. 29768, May 21, 2019) and Article 2(2) of the Addenda, and there is no reason for the Plaintiff’s claim for the payment of damages for delay exceeding the rate of 12% per annum from June 1, 2019 to June 1, 2019).
or there is no evidence to prove that the next stamp image of Defendant D’s name is Defendant D.
Although the Plaintiff asserts that Defendant C prepared A’s No. 1 on behalf of Defendant D, there is no evidence to prove that Defendant C was authorized to sign or affix a seal on the Defendant C’s certificate No. 1.
Therefore, A.