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1. The Defendant: (a) KRW 38,00,000 for the Plaintiff and 6% per annum from July 7, 2014 to February 2, 2015; and (b) February 3, 2015 for the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence 2 and 3 as to the cause of the claim, the defendant ordered on October 25, 2013 that 38,000,000 won for the supply price of the steel materials to the plaintiff on October 15, 2013 (hereinafter "the steel of this case") and 38,00,000,000 won for the supply price of the steel materials to the plaintiff on October 25, 2013. The plaintiff may recognize the fact that the plaintiff supplied the steel of this case to the defendant on November 15, 2013.
According to the above facts, the Defendant is obligated to pay the Plaintiff the annual interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from July 7, 2014 to February 2, 2015, the delivery date of a copy of the complaint in this case, as the Plaintiff seeks, 6% per annum under the Commercial Act; Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until September 30, 2015; Article 3(1) of the Addenda to the Regulations on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 2653, Sep. 25, 2015) (amended by Presidential Decree No. 265535, Sep. 25, 2015).
(Plaintiff filed a claim for the payment of damages for delay at the rate of 20% per annum from July 7, 2014. However, the statutory interest rate under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings cannot be claimed only after the lapse of the prescribed time limit due to the amendment of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings. Since the statutory interest rate provisions were modified to 15% per annum due to the amendment of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, the portion exceeding the rate of 6% per annum from October 1, 2015 to the day of full payment and the portion exceeding the rate of 15% per annum from October 1 to the day of full payment is without merit)