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(영문) 서울서부지방법원 2019.08.21 2019가합34862
공사대금
Text

1. The Defendants shall jointly:

A. Plaintiff A Co., Ltd.: KRW 302,258,000 and its related thereto from April 26, 2019 to April 2019.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without the applicable provisions of law (Article 208 (3) 1 of the Civil Procedure Act)

3. From April 27, 2019 to the delivery date of a copy of the complaint in this case, the Plaintiffs seeking damages for delay by 6% per annum as stipulated under the Commercial Act. However, the commercial statutory interest rate under Article 54 of the Commercial Act applies to obligations arising out of commercial activities or obligations having the identity thereof, and is not applicable to obligations for compensation for damages arising out of non-commercial acts (see, e.g., Supreme Court Decision 2003Da34045, Mar. 26, 2004). Thus, the damages for delay calculated at the rate of 5% per annum as stipulated under the Civil Act is recognized until the delivery date of a copy of the complaint in this case, and the exceeding part is dismissed.

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