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(영문) 광주지방법원 2020.08.21 2019나3901
공사대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

Basic Facts

(1) The Plaintiff sent a dry field to the Defendant at the Defendant’s request.

(2) On December 28, 2016, the Defendant issued a loan certificate No. 1, 2016, stating that “The dry field will pay KRW 3 million to the Plaintiff by December 31, 2018,” and “the loan certificate of this case” to the Plaintiff.

(1) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum from January 1, 2019 to February 26, 2019, the delivery date of a copy of the complaint of this case, and the rate of 15% per annum from the next day to May 31, 2019 under 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. 29768, May 21, 2019). The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 10% per annum from the next day to the next day to 10% per annum under the provisions of 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. 29768, May 21, 201). The Defendant is obligated to pay damages for delay calculated at the rate of 12% per annum from the next day to 10.

The gist of the Defendant’s assertion is that the Plaintiff reeded a dry field.

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