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(영문) 광주지방법원 2016.06.22 2015가단40628
공사대금
Text

1. The Defendant’s KRW 28,600,000 as well as 20% per annum from September 22, 2015 to September 30, 2015 to the Plaintiff.

Reasons

According to the purport of Gap evidence Nos. 1 through 3 and all the arguments, it is recognized that the plaintiff was not paid the outstanding amount in 28,600,000 won (the outstanding amount in 2013, the outstanding amount in 15,100,000 won in 2014) from the defendant during the period from 2013 to June 2014.

The Defendant is obligated to pay to the Plaintiff 28,60,000 won for construction cost and damages for delay calculated at the rate of 15% per annum as stipulated in the provisions of Article 3 (1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 22, 2015 to September 30, 2015 (amended by Presidential Decree No. 26535, Sept. 25, 2015) and 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. 26535, Sept. 25, 2015).

The plaintiff's claim is justified within the scope of the above recognition, and the remainder of the claim (the part following the amendment of the provision 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 among Delay Damages)

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