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1. The Defendant: (a) KRW 235,00,000, and 20% per annum from May 1, 2008 to September 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 2004, the Plaintiff and a large number of construction business operators received a supply of facility construction from the Defendant for the fourth floor of Busan Jin-gu, Busan and completed the construction by October 31, 2004.
However, the Defendant did not pay the Plaintiff the construction cost of KRW 36 million.
B. On February 27, 2008, the Plaintiff filed an application with this court for the payment order against the Defendant for the said payment order. On February 29, 2008, the payment order (this Court Decision 2008 tea5632) stating that “The Defendant shall pay to the Plaintiff 36 million won and the amount equivalent to 6% per annum from November 1, 2004 to the date of delivery of a duplicate of the application for the payment order of this case, and 20% per annum from the next day to the date of complete payment (this Court Decision 2008 tea5632).” The original copy was issued and confirmed on March 27, 2008 after it was delivered to the Defendant on March 12, 2008.
C. On March 2008, the Plaintiff received KRW 11 million as the principal of the above construction cost from the Defendant.
[Reasons for Recognition] The person's statement, Gap evidence No. 1, and the purport of the whole pleading
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 20 million won for the unpaid construction price of KRW 235 million and the following day after the payment date of the agreement or the delivery date of a copy of the application for the above payment order, and then after September 1, 2008 to September 30, 2015, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) is 20% per annum as stipulated in 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. 26553, Sep. 25, 201
[The plaintiff's right to claim the construction price as the lawsuit of this case is the same as the claim recognized by the above finalized payment order, or in the case of the finalized payment order, res judicata is not effective (Supreme Court Decision 2002.2.22. 2002).