2. The defendant C is from the defendant B to the above paragraph 1.

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

3. In a case where both parties’ obligations are jointly performed under a bilateral contract with a partial dismissal, even if one of the parties’ obligations becomes due and the other party’s obligation is not performed until the other party’s obligation is performed. Thus, in this case, the interest rate under the main text of Article 3(1) proviso of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is not applicable as it cannot be deemed that Defendant D is liable for delay until the date of the closing of argument at the fact-finding hearing (see Supreme Court Decision 2002Da4370, Oct. 25, 2002). Thus, the claim for delay damages under the above Act among the claims in this case is dismissed as it is without merit.