1. The Defendant: 6% per annum from December 1, 2017 to January 22, 2019, and January 23, 2019, to the Plaintiff.

Comprehensively taking account of the respective descriptions and the purport of the arguments as indicated in subparagraphs A and C, the Plaintiff, who runs the construction business, received KRW 212,300,000 (including value-added tax) from the Defendant’s agent C for the payment of the construction cost of KRW 212,30,000 (including value-added tax) around September 5, 2017, completed the said construction on October 10, 2017, and the Plaintiff received KRW 60,000,000 from the Defendant on November 23, 2017.

According to the above facts, the Defendant is obligated to pay the Plaintiff the agreed construction cost of KRW 152,30,000 (i.e., the agreed construction cost of KRW 212,30,000; KRW 60,000,000) and damages for delay calculated annually from December 1, 2017 to January 22, 2019, the delivery date of a copy of the complaint in this case, as the Plaintiff seeks, at the rate of KRW 6% as prescribed by the Commercial Act, from January 23, 2019 to May 31, 2019; the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; the provisions on statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 2019).

[Plaintiff’s claim for damages for delay calculated at the rate of 15% per annum after June 1, 2019, but the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings was amended, and since the statutory interest rate was 12% per annum from June 1, 2019, the part on the Plaintiff’s claim for damages for delay in excess of the statutory interest rate is without merit. Thus, the Plaintiff’s claim for damages for delay in excess of the statutory interest rate is accepted within the above scope of recognition