beta
Text
1. The Defendant’s KRW 216,370,00 for the Plaintiff and KRW 15% per annum from October 11, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. Around April 2016, the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) was awarded a contract with the Defendant for the construction work price of KRW 1.5 billion (excluding value-added tax) and the construction period from April 7, 2016 to May 27, 2016.
(hereinafter “instant contract”). The auxiliary intervenor completed the instant construction work in accordance with the instant contract.
B. On July 31, 2018, the Intervenor transferred KRW 216,370,000, out of the construction cost claims against the Defendant against the Defendant (hereinafter “transfer of claims in this case”); on August 9, 2018, the Intervenor notified the Defendant of the transfer of claims in this case by content-certified mail; and on August 10, 2018, the said content-certified mail sent to the Defendant on August 12, 2018.
[Ground of recognition] Facts without dispute, Gap's entries in the evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, unless there are other special circumstances, the defendant is the amount calculated by adding value-added tax to KRW 82,300,000 for the remaining claim for the construction cost of this case (=650,000 for the construction cost of this case).
- The Intervenor is obligated to pay to the Plaintiff, who acquired part of the total amount of KRW 82,700,000,000, which was paid by the Defendant from May 4, 2016 to October 27, 2016, as well as damages for delay calculated at the rate of 15% per annum 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) from October 11, 2018 to May 31, 2019, which is the day following the delivery of the original copy of the instant payment order, to the Plaintiff.
Therefore, the part of the plaintiff's claim seeking the payment of damages for delay calculated at the rate of 15% per annum from June 1, 2019 to the date of full payment exceeds the above recognized amount.