1. The Defendant shall pay to the Plaintiff KRW 33,50,000 and the interest rate of KRW 12% per annum from August 1, 2019 to the date of complete payment.

The plaintiff claims against the defendant that the defendant did not perform the above construction works properly, while he/she paid 130 million won to the defendant for the construction works and paid 133.5 million won for the above construction works.

Comprehensively taking account of the purport of the entire pleadings in each statement of evidence Nos. 1 through 8, the Plaintiff concluded a contract with the Defendant for 13,500,000 won for the structural construction among the construction works that newly build a multi-household house on the land outside C and one parcel of land (hereinafter “instant construction”) around March 2017, and paid the Defendant the said price in full around that time. The Defendant is recognized to have suspended the construction after performing the construction work equivalent to KRW 100,00,000 among the instant construction works.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 33.5 million after deducting KRW 100 million corresponding to the Defendant’s interest rate from KRW 133.5 million, and to pay damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 1, 2019 to the date of complete payment, which is obvious from August 1, 2019 to the date of delivery of a copy of the complaint.

The Plaintiff sought payment of damages for delay at the rate of 15% per annum from the day after the delivery date of a copy of the complaint to the day of full payment. However, as the provisions on statutory interest rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. were amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda, where the pleading is terminated after June 1, 2019, the former provisions apply 15% per annum until May 31, 2019, and 12% per annum as amended from June 1, 2019, respectively. Thus, there is no ground for seeking payment of damages for delay exceeding the rate of 12% per annum recognized earlier.

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.