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1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 6% per annum from December 15, 2014 to the day of full payment.
Reasons
Comprehensively taking account of the overall purport of the arguments in Gap evidence 1-3 and evidence 4-4, the plaintiff is a company engaged in manufacturing and installing industrial facilities, such as a sprinkler, and the defendant is a personal entrepreneur who produces designs and advertising bills under the trade name of "B". On September 5, 2014, the plaintiff entered into a contract with the defendant for the development and supply of designs necessary for introducing and publicizing technologies, advertising, etc., and for developing designs and supplying advertising (hereinafter "the design supply contract of this case") with the defendant on September 5, 2014 with the service cost of KRW 25,00,000,000. On September 12, 2014, the plaintiff paid the above service cost of KRW 25,00,000 to the defendant. The plaintiff failed to submit the outcome within the agreed period, and on December 5, 2014, the plaintiff failed to faithfully deliver the notice to the defendant pursuant to the design supply contract of this case, but failed to perform it.
According to the above facts, since the contract for the supply of the design of this case was lawfully rescinded on the ground of the defendant's default, the defendant is obligated to pay legal interest calculated at the rate of 6% per annum under the Commercial Act from December 15, 2014 to the date of full payment, as requested by the plaintiff, after receiving the service payment of KRW 25,000,000 and the above money from the plaintiff.
The Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the delivery of a duplicate of the complaint of this case to the day of full payment. However, Article 548(2) of the Civil Act shall apply to the money that is repaid as a performance of the duty of restitution due to