2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Partial rejection portion: The Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 15% per annum from May 1, 2009 to the date of full payment. However, from May 1, 2009 to the date of delivery of a duplicate of the complaint in this case, there is no ground for recognizing damages for delay exceeding the rate of 5% per annum as stipulated in the Civil Act. Thus, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides, “Where a judgment ordering the performance of all or part of monetary liabilities, the statutory interest rate, which serves as the basis for calculating the amount of damages due to the nonperformance of the monetary obligation, shall apply to the statutory interest rate on the day following the day on which the complaint seeking the performance of the monetary obligation or other equivalent document was served on the obligor.”

This part of the damages for delay is dismissed as it is without merit.

4. In conclusion, the defendant is obligated to pay to the plaintiff 350 million won the above damages amounting to 350 million won and to pay 5% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 1, 2009 to October 24, 2018, which is the date of the decision of this case, which is deemed reasonable for the defendant to resist the existence or scope of the above damages amounting to 350 million won.