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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 27,720,00 as well as its annual interest from November 28, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. Around August 2017, the Plaintiff, an architect, was awarded a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for a new design of a general steel-frame factory of 20,629 square meters on the ground of 20,629 square meters of land in Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “Defendant B”), for the price of KRW 25,20,000 (excluding value-added tax).
B. On August 24, 2017, the Plaintiff completed the design of the above factory, and completed the commencement report to the Dong-gu Seoul Metropolitan Government Office in the name of Defendant B.
C. On April 27, 2018, Defendant B sold D forest land of 20,629 square meters (hereinafter “instant land”) to Defendant C Co., Ltd. (hereinafter “Defendant C”). On May 3, 2018, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt of No. 44831, May 3, 2018, Daejeon District Court Decision 44831, May 3, 2018.
Defendant B did not own any property other than the instant land around 2018.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1-8 (including additional numbers), and the result of this court's order to submit taxation information to the Gangnam-gu Office at the time of the astronomic't dispute, the purport of the whole pleadings
2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the design price of KRW 27,720,00 (=25,200,000 x 1 value-added tax x 0.1) and to pay damages for delay calculated at the rate of 12% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) from November 28, 2018 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case.
(F) The Plaintiff’s remaining damages for delay are without merit). 3. The instant land is the only real estate of Defendant B, which bears the design cost liability against the Plaintiff as to the claim against Defendant C.