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1. The Defendant shall pay to the Plaintiff KRW 269,10,000 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.
Reasons
1. On July 10, 2016, the Plaintiff entered into a contract with the Defendant for multi-household A, B, and C-dong construction cost of KRW 419,10,000 on the ground of No. 597-1 (i.e., A39,700,700, Dong C-dong 139,700,000, Dong C-dong 139,700,000) and completed all of the construction work. The Defendant paid the Plaintiff the construction cost of KRW 50,00,000 on October 6, 2010, and the Defendant did not pay the remainder of the construction cost of KRW 269,100,000 on November 10, 2016 (=410,000,000,000).
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 269,100,000 and delay damages.
2. Article 208 (3) 1, and Article 257 of the Civil Procedure Act to which the same Act applies;
3. The plaintiff partially dismissed shall claim to the defendant for payment of damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the delivery date of a copy of the complaint of this case to the day of full payment.
① However, statutory interest rate, which serves as the basis for calculating the amount of damages for nonperformance of a monetary obligation under Article 3(1) of the above Act, is applicable from the date following the date on which a complaint demanding the performance of the monetary obligation or a document corresponding thereto was served on the debtor. ② The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is amended on September 25, 2015. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was 15/100 per annum as of October 1, 2015. Thus, the portion on the Plaintiff’s claim seeking delay damages for the delivery date of the copy of the complaint of this case and the part claiming delay damages exceeding 15/100 per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 10, 2016 to the day following the delivery date of the