1. The Defendant (Counterclaim Plaintiff) paid KRW 12,623,270 to the Plaintiff (Counterclaim Defendant) and its related amount from May 2, 2016 to November 15, 2017.

1. Determination on the main claim

A. The Plaintiff entered into a service contract for building management (hereinafter “instant service contract”) with the Defendant with respect to the Doro 21 commercial building/officetel (hereinafter “instant commercial building”) and provided building management services from March 1, 2015 to February 29, 2016. Upon the Defendant’s request, the Plaintiff extended the service contract term of this case to March 1, 2016 to March 10, 2016. The Plaintiff’s provision of the building management services fees for 12,623,270 minutes of the Plaintiff’s 15 employee’s 10-day wage during the said period, or may be recognized by comprehensively taking into account the following facts: (a) there is no dispute between the parties; or (b) the entire purport of each entry and pleading as stipulated in subparagraphs A-2 through 4.

According to the above facts, the defendant is obligated to pay the service cost of 12,623,270 won and damages for delay to the plaintiff.

B. Meanwhile, according to the aforementioned evidence, the Plaintiff sought for the payment of damages for delay from March 16, 2016, and according to Article 3(1) of the service contract of this case, the Plaintiff is deemed to have provided that “the service cost for the current month is at the end of each month, and the Defendant is at the designated account of the Plaintiff in cash within five days after receipt of the written request.” However, according to the evidence evidence No. 6, the Plaintiff claims the payment of the above service cost to the Defendant on April 26, 2016. Thus, the Defendant is obligated to pay damages for delay from May 2, 2016 to the unpaid service cost. Thus, the Plaintiff’s damages for delay in excess of the service cost is without merit.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 12,623,270 won and damages for delay at each rate of 5% per annum under the Civil Act from May 2, 2016 to November 15, 2017, which is the date of the instant judgment sought by the Plaintiff from May 2, 2016, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

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