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1. The Defendant’s KRW 5,075,790 for the Plaintiff and KRW 15% per annum from March 1, 2019 to May 31, 2019.
Reasons
1. As to the cause of the claim, the Defendant, from September 2018, operated a D hotel (hereinafter “instant hotel”), and the Plaintiff supplied electricity to the instant hotel under a contract for electrical use with the Defendant. From December 2018 to March 2019, the fact that the electricity charge supplied to the instant hotel was 5,075,790, in total, did not conflict between the parties.
According to the above facts, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the annual rate of 15% as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) from March 1, 2019 to May 31, 2019, the day following the delivery date of a copy of the complaint in this case, as the Plaintiff seeks, at the rate of 5,075,790 won (wholly amended by Presidential Decree No. 29768, May 21, 2019) and the statutory interest rate of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to March 2019 (wholly amended by Presidential Decree No. 29768, May 21, 2019).
Meanwhile, the Plaintiff seek damages for delay calculated at the rate of 15% per annum for the period from June 1, 2019 to 55,075,790 won.
However, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019.
Therefore, from June 1, 2019, it is only possible to order the payment of damages for delay calculated at the rate of 12% per annum. Thus, the plaintiff's assertion in excess is without merit.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the Defendant applied for the alteration of the electric use contract to the Plaintiff on June 29, 2018, and from the Plaintiff.