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(영문) 청주지방법원충주지원 2019.08.08 2019가합5277
공사대금
Text

1. The Defendant’s KRW 308,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 11, 2017 to January 9, 2019, and January 10, 2019.

Reasons

In full view of the purport of the entire pleadings in each entry of Gap 3 through 6 (including each number of documentary evidence number), it is recognized that the plaintiff was subcontracted from the defendant on April 11, 2017 to the price of 308,000,000 (including value-added tax) of the steel frame construction among the new construction works of the C Kimchi Factory in Chungcheong City from the defendant on April 11, 2017, the above construction has been completed by May 10, 2017, when the plaintiff submitted a formal objection to the payment order of this court.

Therefore, the Defendant is obligated to pay the Plaintiff the annual interest rate of 5% as prescribed by the Civil Act, as requested by the Plaintiff, from May 11, 2017 to January 9, 2019, the date following the completion date of construction works, to which the original copy of the instant payment order was served, from May 11, 2017, and to which January 9, 2019, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) of the Addenda of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) (amended by Presidential Decree No. 29768, May 21, 2019) to the Plaintiff at the rate of 15% per annum as prescribed by the former Special Cases (amended by Presidential Decree No. 29768, May 21, 2019).

(A) The Plaintiff filed a claim for payment of damages for delay at the rate of 15% per annum from the day following the delivery of the original payment order to the day of full payment. However, pursuant to Articles 2(2) and 1 of the Addenda of the Special Cases, in this case where the lawsuit was pending as of June 1, 2019 and the pleading has not yet been concluded, the statutory interest rate of 15% per annum until May 31, 2019 and 12% per annum from June 1, 2019 shall apply. Therefore, the Plaintiff’s claim for damages for delay exceeding the above recognition scope shall not be accepted). The Plaintiff’s claim is justified within the scope of the above recognition, and the remainder.

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