2. The Defendant C is from Defendant B the above paragraph 1.

2. Article 208 (3) 1 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, they are not liable for delay even if the other party’s obligation is not performed until the other party’s obligation is performed. As such, in this case, since it cannot be deemed that the Defendant C is liable for delay until the date of the closing of argument at the trial court as to this case, the interest rate stipulated in the main text of Article 3(1) proviso of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is not applicable (see Supreme Court Decision 2002Da4370, Oct. 25, 2002). Thus, the claim for delay damages under the above Act