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(영문) 서울중앙지방법원 2017.07.13 2017가단5071594
공사대금
Text

1. The Defendant’s KRW 35,500,000 and the Plaintiff’s annual rate of KRW 6% from February 1, 2016 to April 13, 2017.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Partial term portion: The Plaintiff claims for the payment of damages for delay calculated at the rate of 15% per annum from February 1, 2016 to the date following the due date for the payment of construction price, but the damages for delay under the aforesaid Act shall be recognized only from the date following the date when the duplicate of the complaint is served to the Defendant pursuant to Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, the damages for delay shall be recognized as calculated at the rate of 6% per annum from February 1, 2016 to April 13, 2017, which is the delivery date of the duplicate of the complaint in this case, and 15% per annum from the following day to the date of full payment, and the damages for delay in excess shall be dismissed.

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