1. As to the Plaintiff KRW 66,00,000 and its KRW 5,500,000 among them, the Defendant shall pay to the Plaintiff KRW 34,10,000 from November 15, 2017.

1. On November 15, 2017, the Plaintiff, who runs a construction business under the trade name “C”, paid KRW 120 million in total to the Defendant who runs the construction business a new factory on the ground of Chungcheong Hong-gun land (excluding value-added tax) (hereinafter “instant construction contract”); KRW 50,000,000 on November 15, 2017; KRW 30,41 million on November 30, 2017; KRW 20 million on December 4, 2017; and KRW 66 million on December 14, 2017.

However, the Plaintiff rescinded the instant construction contract due to the delay of construction due to the Defendant’s failure to perform the construction work at all.

Therefore, the defendant should pay to the plaintiff the interest or delay damages calculated at the rate of 66 million won per annum under the Commercial Act from the day when he received the above payment to the day when the copy of the complaint of this case is served, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Since the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal is changed to 12% per annum from June 1, 2019 (see the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), part of the claim seeking damages for delay by 15% per annum is dismissed.