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1. The Defendant’s KRW 131,551,300 as well as its annual 6% from January 12, 2019 to June 4, 2019, and the following.
Reasons
1. The facts in the separate sheet concerning the determination of the cause of the claim (Provided, That the “creditor” and “debtor” shall be deemed to be the “Plaintiff” and “Defendant”) are either not disputed between the parties, or acknowledged by the purport of the entry in the evidence No. 1 and the entire pleadings.
According to the above facts, the Defendant is obligated to pay 131,551,30 won for the remainder of the construction cost, excluding the portion of the Plaintiff’s person who was paid to the Plaintiff, and 6% per annum under the Commercial Act, from January 12, 2019 to June 4, 2019, to the date when the original copy of the instant payment order was served to the Defendant, as sought by the Plaintiff, and 12% per annum under the same Act, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2) of the Addenda to the Regulations 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; Presidential Decree No. 25768, Jun. 1, 2019).
The defendant submitted a written objection that does not state any reasons on June 12, 2019 on the instant payment order, and did not submit any assertion that contradicts the plaintiff's cause of the claim.
2. The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.
Provided, That the burden of litigation costs shall be determined by applying Article 98 and the proviso to Article 101 of the Civil Procedure Act to the defendant.
It is so decided as per Disposition for the same reasons above.