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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 15% per annum from November 22, 2018 to May 31, 2019; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 29, 2018, the Plaintiff applied for a payment order against C with the Incheon District Court 2018Guj3397, on the ground that the Plaintiff did not pay the construction price to the Plaintiff, and received a payment order with the content that “C shall pay to the Plaintiff KRW 160 million per annum from May 31, 2018 to July 19, 2018; and that “C shall pay to the Plaintiff the amount calculated at the rate of 5% per annum from the next day to the day of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on August 3, 2018.
B. C entered into a new factory construction contract (hereinafter “instant construction contract”) with the Defendant on July 27, 2017, setting the construction cost of KRW 1.925 million. The instant construction project was completed on March 22, 2018.
(C) The construction cost claim against the Defendant under the instant construction contract (hereinafter “instant construction cost claim”).
On September 13, 2018, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) regarding the instant claim for construction cost, which C has against the Defendant, with the claim amounting to KRW 100,242,70,00, based on the payment order of this case, as the Incheon District Court 2017TTTT 22735. The instant collection order of this case was served on the Defendant on September 17, 2018.
2. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendant shall pay to the Plaintiff, the collection authority, KRW 100 million among the claim for the construction price of this case, and with respect thereto, the amount of KRW 100 million from November 22, 2018 to May 31, 2019, which is the day following the delivery date of a duplicate of the complaint of this case, the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion,