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1. The Defendant: (a) KRW 40,882,760 for the Plaintiff and its related KRW 6% per annum from December 20, 2018 to May 1, 2019; and (b) May 2, 2019 for the Plaintiff.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Applicable provisions, etc.;
(a) Judgment without holding any pleadings (Articles 208(3)1 and 257(1) of the Civil Procedure Act);
B. On the grounds of recognition of damages claim No. 1, the public notice of tender offer (“4. Application for Participation and Tender Bond”) “A” (Article 12 of the Act on Contracts to Which a Local Government Is a Party, Articles 37 and 38 of the Enforcement Decree of the same Act, and Supreme Court Decision 2009Da83797 Decided February 25, 2010, etc. (the part concerning the scheduled amount of damages)
C. The so-called public contract, which is a local government as a party to a claim for damages on the basis of the statutory interest rate of commercial affairs, is also a private contract concluded at an equal level with the other party as a private economic entity, and its essential substance is not different from a contract between the other party. Thus, except as otherwise provided in the relevant statutes, the principle of private autonomy and freedom of contract, etc. applies as it is (see, e.g., Supreme Court Decision 2001Da33604, Dec. 11, 2001). Meanwhile, the term “debt arising from commercial activities” to which the statutory interest rate of Article 54 of the Commercial Act applies includes not only a debt arising from a commercial activity, but also a debt arising from an act that constitutes one of the parties as well as a debt arising from an act that constitutes a commercial activity, and the former provision of Article 2014Da20763, 20770, Jun. 10, 2016; and the main sentence of Article 2016 subparag. 36. 19. 2.201.