Text
1. The Defendant: (a) KRW 40,449,94 for the Plaintiff and KRW 5% per annum from July 28, 2019 to October 10, 2019 for the Plaintiff.
Reasons
1. Indication of claims: To be as specified in attached Form 1;
2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.
3. On October 9, 2018, the date following the delivery date of the building, the Plaintiff claimed for the payment of damages for delay from October 9, 2018, but there is no evidence to prove that the Plaintiff had cancelled the contract to the Defendant before the instant lawsuit and demanded the refund of deposit. Therefore, the Plaintiff shall order the payment of damages for delay
In addition, according to the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), 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 12% per annum from June 1, 2019, and thus, the part of the claim for damages for delay seeking payment exceeding 12% per annum is rejected.